An Eighth Amendment excessive force claim does not require a significant injury because the dispositive inquiry is whether force was applied maliciously and sadistically to cause harm.
A prisoner filed a §1983 action alleging he was maliciously and sadistically assaulted by a corrections officer. The District Court dismissed the complaint for failure to state a claim, reasoning that the prisoner's alleged injuries were de minimis. The question presented is whether a prisoner must allege a significant injury to state an excessive force claim under the Eighth Amendment. The Court holds that the core judicial inquiry is whether force was applied in a good-faith effort to maintain discipline or maliciously and sadistically to cause harm, rather than the extent of the resulting injury. The Court reverses the judgment because the lower court's injury-based threshold is inconsistent with established precedent.
At page 38 Determining excessive force claims based on injury versus force423 citing cases“an inmate who is gratuitously beaten by guards does not lose his ability to pursue an excessive force claim merely because he has the good fortune to escape without serious injury.”
- Child Doe 1, a minor, by & through parent & next friend, Parent Doe 1, et al. v. Tulsa Cnty., ex. rel. Juv. Bureau of the Tulsa Cnty. Dist. Court, et al., No. 4:24-cv-00380 (N.D. Okla. Sept. 11, 2026). (An inmate who complains of a ‘push or shove’ that causes no discernable injury almost certainly fails to state a valid excessive force claim.)
- Gonzalez, No. 1:25-cv-00862 (D. Colo. Aug. 20, 2026).(An inmate who complains of a push or shove that causes no discernable injury almost certainly fails to state a valid excessive force claim.)
- Golden, No. 2:23-cv-00637 (S.D. Ohio July 29, 2026). (An inmate who is gratuitously beaten by guards does not lose his ability to pursue an excessive force claim merely because he has the good fortune to escape without serious injury.)
- Flournoy, No. 3:26-cv-00229 (S.D. Cal. June 23, 2026). As alleged in the FAC, Plaintiff’s 3 description of Viloria handcuffing him, yelling for him to stop resisting, and falling on top 4 of him without causing injury may indicate that the amount of force applied was 5 unnecessary to control P…
- Legree, No. 1:25-cv-00432 (W.D.N.Y. June 17, 2026).(Injury and force . . . are only imperfectly correlated, and it is the latter that ultimately counts.)
- Matthew Copeland Miller v. California State Prison, et al., No. 2:26-cv-01937 (E.D. Cal. June 8, 2026).(An inmate who is gratuitously beaten by guards does 26 not lose his ability to pursue an excessive force claim merely because he has the good fortune to 27 escape without serious injury.)
- Brandon Johnson v. Tennessee Dep't of Corr., et al., No. 3:26-cv-00424 (M.D. Tenn. Apr. 9, 2026). Wilkins, 559 U.S. at 1178-79 (“An inmate who is gratuitously beaten by guards does not lose his ability to pursue an excessive force claim merely because he has the good fortune to escape without serious injury.”).
- Brandon Johnson v. Tennessee Dep't of Corr., et al., No. 3:26-cv-00138 (M.D. Tenn. Apr. 8, 2026). Wilkins, 559 U.S. at 1178-79 (“An inmate who is gratuitously beaten by guards does not lose his ability to pursue an excessive force claim merely because he has the good fortune to escape without serious injury.”).
- Jordan, No. 3:24-cv-01429 (M.D. Tenn. Mar. 6, 2026). Wilkins, 559 U.S. at 1178-79 (“An inmate who is gratuitously beaten by guards does not lose his ability to pursue an excessive force claim merely because he has the good fortune to escape without serious injury.”).
- Conant, No. 2:23-cv-01148 (S.D. Ohio Feb. 27, 2026). (An inmate who is gratuitously beaten by guards does not lose his ability to pursue an excessive force claim merely because he has the good fortune to escape without serious injury.)
Show 205 more citing cases
- Potter, No. 2:25-cv-00504 (M.D. Fla. Jan. 30, 2026).(An inmate who is gratuitously beaten by guards does not lose his ability to pursue an excessive force claim merely because he has the good fortune to escape without serious injury.)
- Burton, No. 3:23-cv-01195 (M.D. Fla. Dec. 12, 2025). (An inmate who is gratuitously beaten by guards does not lose his ability to pursue an excessive force claim merely because he has the good fortune to escape without serious injury.)
- Cavagnolo, No. 2:24-cv-03244 (E.D. Cal. Dec. 3, 2025).(An inmate who is gratuitously beaten by guards does 7 not lose his ability to pursue an excessive force claim merely because he has the good fortune to 8 escape without serious injury.)
- Anzar, No. 2:25-cv-00475 (E.D. Cal. Nov. 6, 2025).(An inmate who is gratuitously 17 beaten by guards does not lose his ability to pursue an excessive force claim merely because he 18 has the good fortune to escape without serious injury.)
- Collins v. Cunningham, No. 3:24-cv-01345 (M.D. Tenn. Sept. 17, 2025). Wilkins, 559 U.S. at 1178-79 (“An inmate who is gratuitously beaten by guards does not lose his ability to pursue an excessive force claim merely because he has the good fortune to escape without serious injury.”).
- Kersaint v. Daniel, No. 7:25-cv-00038 (M.D. Ga. Sept. 15, 2025). (Injury and force, however, are only imperfectly correlated, and it is the latter that ultimately counts. An inmate who is gratuitously beaten by guards does not lose his ability to pursue an excessive force claim merel…)
- (PC) Wade v. Burkhart, No. 2:24-cv-02936 (E.D. Cal. Aug. 27, 2025).(An inmate who is gratuitously beaten by guards does 7 not lose his ability to pursue an excessive force claim merely because he has the good fortune to 8 escape without serious injury.)
- Gibson v. Mason, No. 3:22-cv-01538 (M.D. Pa. July 14, 2025). (An inmate who is gratuitously beaten by guards does not lose his ability to pursue an excessive force claim merely because he has the good fortune to escape without serious injury.)
- (PC) Ayers v. Vasquez, No. 1:24-cv-01301 (E.D. Cal. July 3, 2025). (An inmate who is gratuitously 23 beaten by guards does not lose his ability to pursue an excessive force claim merely because he 24 has the good fortune to escape without serious injury.)
- Arvidson v. Bus. Manager Waln, No. 4:23-cv-00014 (D. Mont. Feb. 25, 2025). (Injury and force . . . are only imperfectly correlated, and it is the latter that ultimately counts.)
- Montgomery v. Hunt, No. 1:22-cv-00801 (M.D.N.C. Jan. 28, 2025). (An inmate who is gratuitously beaten by guards does not lose his ability to pursue an excessive force claim merely because he has the good fortune to escape without serious injury.)
- Kleinert 953948 v. Anderson, No. 2:22-cv-00065 (W.D. Mich. Sept. 12, 2024).(Injury and force . . . are only imperfectly correlated, and it is the latter that ultimately counts.)
- Pullen v. Tabor, No. 1:20-cv-00050, 2024 WL 3821927 (S.D. Ohio Aug. 13, 2024). (An inmate who is gratuitously beaten by guards does not lose his ability to pursue an excessive force claim merely because he has the good fortune to escape without serious injury.)
- Kelly v. Polk, No. 3:22-cv-00884 (M.D. Fla. July 19, 2024). (An inmate who is gratuitously beaten by guards does not lose his ability to pursue an excessive force claim merely because he has the good fortune to escape without serious injury.)
- Anderson-bey v. Graham, No. 1:22-cv-00798 (M.D.N.C. May 30, 2024).(An inmate who is gratuitously beaten by guards does not lose his ability to pursue an excessive force claim merely because he has the good fortune to escape without serious injury.)
- Payton v. Holcomb, No. 1:20-cv-00801 (M.D.N.C. May 15, 2024).(An inmate who is gratuitously beaten by guards does not lose his ability to pursue an excessive force claim merely because he has the good fortune to escape without serious injury.)
- Stevenson v. The Cnty. Sheriff's Off. of Monmouth, No. 3:13-cv-05953 (D.N.J. May 3, 2024).unpublished“Injury and force. . . are. . . imperfectly correlated, and it is the latter that ultimately counts.”
- Huber v. Galveston Cnty., No. 3:21-cv-00089 (S.D. Tex. Apr. 16, 2024). (Injury and force . . . are only imperfectly correlated, and it is the latter that ultimately counts. A[ pretrial detainee] who is gratuitously beaten by guards does not lose his ability to pursue an excessive force cla…)
- Baker v. Sumner Cnty. Jail, No. 3:23-cv-01331 (M.D. Tenn. Apr. 10, 2024). Wilkins, 559 U.S. at 1178-79 (“An inmate who is gratuitously beaten by guards does not lose his ability to pursue an excessive force claim merely because he has the good fortune to escape without serious injury.”).
- Washington v. State of Tennessee, The, No. 3:23-cv-00995 (M.D. Tenn. Dec. 21, 2023). “While the extent of a prisoner’s injury may help determine the amount of force used by the prison official, it is not dispositive of whether an Eighth Amendment violation has occurred.” Cordell, 759 F.3d at 581 (citing Wilkins v. Gaddy, 5…
- Halicek v. Collins, No. 3:23-cv-01116 (M.D. Tenn. Dec. 20, 2023). Wilkins, 559 U.S. at 1178-79 (“An inmate who is gratuitously beaten by guards does not lose his ability to pursue an excessive force claim merely because he has the good fortune to escape without serious injury.”).
- Brewer v. Rowland, No. 1:23-cv-00020 (M.D. Tenn. Oct. 12, 2023). “While the extent of a prisoner's injury may help determine the amount of force used by the prison official, it is not dispositive of whether an Eighth Amendment violation has occurred.” Cordell, 759 F.3d at 581 (citing Wilkins v. Gaddy, 5…
- Arnold v. Batts, No. 1:23-cv-00062 (M.D. Tenn. Oct. 12, 2023). “While the extent of a prisoner's injury may help determine the amount of force used by the prison official, it is not dispositive of whether an Eighth Amendment violation has occurred.” Cordell, 759 F.3d at 581 (citing Wilkins v. Gaddy, 5…
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- Smith v. Kind, No. 2:18-cv-01569 (E.D. Wis. Sept. 23, 2022).
- Ross v. Taylor, No. 3:24-cv-00743 (M.D. La. Nov. 8, 2024).
- Simms v. Young, No. 3:22-cv-01023 (M.D. La. Sept. 23, 2024).
- Brown v. Greeson, No. 1:23-cv-00877 (M.D.N.C. Nov. 12, 2024).
- Morrison v. Rivera, No. 5:23-cv-00352 (M.D. Ga. Oct. 31, 2024).
- Jones v. Owens, No. 7:24-cv-00331 (W.D. Va. Mar. 31, 2025).
- Ruiz v. Ahern, No. 4:20-cv-01089 (N.D. Cal. Sept. 3, 2021).“An inmate who is gratuitously beaten by 4 guards does not lose his ability to pursue an excessive force claim merely because he has the good 5 fortune to escape without serious injury.”
- Latham v. Pollard, No. 3:20-cv-02177 (S.D. Cal. Nov. 17, 2021).“An inmate who complains of a ‘push or shove’ that causes no discernible 16 injury almost certainly fails to state a valid excessive force claim.”
- Barrion v. Mclaughlin, No. 5:18-cv-00281 (M.D. Ga. Dec. 19, 2019).“An inmate who complains of a ‘push or shove’ that causes no discernible injury almost certainly fails to state a valid excessive force claim.”
- Booker v. Anamosa State Penitentiary, No. 1:22-cv-00065 (N.D. Iowa Feb. 24, 2023).“Injury and force, however, are only imperfectly correlated, and it is the latter that ultimately counts.”
- Mark Cowart v. Erwin, No. 15-10404 (5th Cir. Sept. 22, 2016).published“Injury and force, however, are only imperfectly correlated, and it is the latter that ultimately counts.”
- Baldwin v. Hudson, No. 6:19-cv-00151 (E.D. Ky. June 30, 2020).“Injury and force . . . are only imperfectly correlated, and it is the latter that ultimately counts.”
- Vogelfang v. Capra, 889 F. Supp. 2d 489 (S.D.N.Y. 2012).published“An inmate who complains of a push or shove that causes no discernible injury almost certainly fails to state a valid excessive force claim”
- Rahman v. Schriro, 22 F. Supp. 3d 305 (S.D.N.Y. 2014).published“Injury and force ... are only imperfectly correlated, and it is the latter that ultim'ately counts.”
- Paul Thompson, Jr. v. Commonwealth of Virginia, 878 F.3d 89 (4th Cir. 2017).published“An inmate who is' gratuitously beaten by guards does not lose his ability to pursue an excessive force claim merely because he has the good fortune to escape without serious injury.”
- Sitton v. LVMPD, No. 2:17-cv-00111 (D. Nev. Nov. 29, 2021).“An inmate who is 19 gratuitously beaten by guards does not lose his ability to pursue an excessive force claim 20 merely because he has the good fortune to escape without serious injury.”
- Benjamin Heyward v. Ms. A. Price, No. 19-6460 (4th Cir. Nov. 18, 2019).unpublished“An inmate who is gratuitously beaten by guards does not lose his ability to pursue an excessive force claim merely because he has the good fortune to escape without serious injury.”
- Bernal v. Bexar Cnty., No. 5:17-cv-00080 (W.D. Tex. Aug. 21, 2020).“Injury and force, however, are only imperfectly correlated, and it is the latter that ultimately counts.”
- (PC) Harris v. Parks, No. 1:19-cv-00429 (E.D. Cal. June 10, 2022).“An inmate who is gratuitously beaten by guards does not lose his ability 23 to pursue an excessive force claim merely because he has the good fortune to escape without 24 serious injury.”
- Warrick v. Harry, No. 3:23-cv-00591, 2024 WL 2059084 (M.D. Pa. May 8, 2024).“An inmate who is gratuitously beaten by guards does not lose his ability to pursue an excessive force claim merely because he has the good fortune to escape without serious injury.”
- Zink v. Robinson, No. 4:25-cv-00096 (N.D. Fla. July 7, 2025).“An inmate who complains of a ‘push or shove’ that causes no discernible injury almost certainly fails to state a valid excessive force claim”
- Damien Dennis v. State of Nevada, Dep't Of, 579 F. App'x 597 (9th Cir. 2014).unpublished“An inmate who is gratuitously beaten by guards does not lose his ability to pursue an excessive force claim merely because he has the good fortune to escape without serious injury.”
At page 37 Determining excessive force under the eighth amendment966 citing casescore judicial inquiry” is “not whether a certain quantum of injury was sustained,” but rather whether unreasonable force was applied given the circumstances
- Lollis, No. 3:25-cv-00207 (N.D. Ohio Sept. 8, 2026).([I]n the prison context, good faith use of physical force may be necessary to maintain prison security and discipline[.])
- Golden, No. 2:23-cv-00637 (S.D. Ohio July 29, 2026). At the same time, “the use of excessive physical force against a prisoner may constitute cruel and unusual punishment [even] when the inmate does not suffer serious injury.” Hudson, 503 U.S. at 4 ; see Wilkins, 559 U.S. at 38 (“An inmate w…
- Jones, No. 3:25-cv-06050 (N.D. Cal. July 21, 2026).(The extent of injury may also provide some indication 2 of the amount of force applied.)
- Flournoy, No. 3:26-cv-00229 (S.D. Cal. June 23, 2026). ([N]ot every malevolent touch by a prison guard gives 8 rise to a federal cause of action.)
- Brandon Johnson v. Tennessee Dep't of Corr., et al., No. 3:26-cv-00424 (M.D. Tenn. Apr. 9, 2026). (An inmate who is gratuitously beaten by guards does not lose his ability to pursue an excessive force claim merely because he has the good fortune to escape without serious injury.)
- Brandon Johnson v. Tennessee Dep't of Corr., et al., No. 3:26-cv-00138 (M.D. Tenn. Apr. 8, 2026). (An inmate who is gratuitously beaten by guards does not lose his ability to pursue an excessive force claim merely because he has the good fortune to escape without serious injury.)
- Jordan, No. 3:24-cv-01429 (M.D. Tenn. Mar. 6, 2026). (An inmate who is gratuitously beaten by guards does not lose his ability to pursue an excessive force claim merely because he has the good fortune to escape without serious injury.)
- Conant, No. 2:23-cv-01148 (S.D. Ohio Feb. 27, 2026). At the same time, “the use of excessive physical force against a prisoner may constitute cruel and unusual punishment [even] when the inmate does not suffer serious injury.” Hudson, 503 U.S. at 4 ; see Wilkins, 559 U.S. at 38 (“An inmate w…
- Burton, No. 3:23-cv-01195 (M.D. Fla. Dec. 12, 2025). See Wilkins v. Gaddy, 559 U.S. 34, 38 (2010) (“An inmate who is gratuitously beaten by guards does not lose his ability to pursue an excessive force claim merely because he has the good fortune to escape without serious injury.”).
- Collins v. Cunningham, No. 3:24-cv-01345 (M.D. Tenn. Sept. 17, 2025). (An inmate who is gratuitously beaten by guards does not lose his ability to pursue an excessive force claim merely because he has the good fortune to escape without serious injury.)
Show 196 more citing cases
- Kersaint v. Daniel, No. 7:25-cv-00038 (M.D. Ga. Sept. 15, 2025). See, e.g., Wilkins, 559 U.S. at 38 (“Injury and force, however, are only imperfectly correlated, and it is the latter that ultimately counts.
- Manning v. Petiniot, Jr., No. 3:24-cv-00770 (N.D. Ohio Aug. 28, 2025).([I]n the prison context, good faith use of physical force may be necessary to maintain prison security and discipline[.])
- Manning v. Henry, No. 3:24-cv-00618 (N.D. Ohio Aug. 18, 2025).([I]n the prison context, good faith use of physical force may be necessary to maintain prison security and discipline[.])
- Brazzle v. Richland Cnty., No. 8:25-cv-03126 (D.S.C. July 23, 2025).([N]ot every malevolent touch by a prison guard gives rise to a federal cause of action.)
- Gibson v. Mason, No. 3:22-cv-01538 (M.D. Pa. July 14, 2025). Aruanno v. Maurice, 2019 WL 5597653 , at *2 (3d Cir. Oct. 30, 2019); Wilkins, 559 U.S. at 38 (“An inmate who is gratuitously beaten by guards does not lose his ability to pursue an excessive force claim merely because he has the good fortu…
- (PC) Ayers v. Vasquez, No. 1:24-cv-01301 (E.D. Cal. July 3, 2025). Farmer v. Brennan, 511 U.S. 18 825, 832 (1994); Clement v. Gomez, 298 F.3d 898 , 903 (9th Cir. 2002). “[W]henever prison 19 officials stand accused of using excessive physical force in violation of the [Eighth Amendment], 20 the core judic…
- Baker v. Sumner Cnty. Jail, No. 3:23-cv-01331 (M.D. Tenn. Apr. 10, 2024). (An inmate who is gratuitously beaten by guards does not lose his ability to pursue an excessive force claim merely because he has the good fortune to escape without serious injury.)
- Washington v. State of Tennessee, The, No. 3:23-cv-00995 (M.D. Tenn. Dec. 21, 2023). (An inmate who is gratuitously beaten by guards does not lose his ability to pursue an excessive force claim merely because he has the good fortune to escape without serious injury.)
- Halicek v. Collins, No. 3:23-cv-01116 (M.D. Tenn. Dec. 20, 2023). (An inmate who is gratuitously beaten by guards does not lose his ability to pursue an excessive force claim merely because he has the good fortune to escape without serious injury.)
- Long v. San Juan Cnty. Det. Ctr., No. 1:21-cv-01175 (D.N.M. Nov. 17, 2023).(The extent of injury may . . . provide some indication of the amount of force applied.)
- Brewer v. Rowland, No. 1:23-cv-00020 (M.D. Tenn. Oct. 12, 2023). (An inmate who is gratuitously beaten by guards does not lose his ability to pursue an excessive force claim merely because he has the good fortune to escape without serious injury.)
- Arnold v. Batts, No. 1:23-cv-00062 (M.D. Tenn. Oct. 12, 2023). (An inmate who is gratuitously beaten by guards does not lose his ability to pursue an excessive force claim merely because he has the good fortune to escape without serious injury.)
- Porter, No. 2:24-cv-00504 (E.D. La. July 8, 2026).
- Berry, No. 3:25-cv-00363 (M.D. La. June 29, 2026).
- Harden 875599 v. Barber, No. 1:25-cv-00453 (W.D. Mich. May 29, 2025).
- Talamantez 406724 v. Washington, No. 2:25-cv-00092 (W.D. Mich. May 29, 2025).
- Harvin v. Cheney, No. 3:23-cv-00328 (D. Conn. June 6, 2025).
- Adams 947819 v. Heilig, No. 1:25-cv-00595 (W.D. Mich. June 9, 2025).
- Thomas 397934 v. Schroeder, No. 2:25-cv-00096 (W.D. Mich. June 9, 2025).
- Keller v. Sanchez, No. 3:25-cv-00712 (S.D. Ill. June 23, 2025).
- Franklin v. Brown, No. 3:25-cv-00711 (S.D. Ill. June 26, 2025).
- Delaney 671563 v. Waltanen, No. 2:24-cv-00194 (W.D. Mich. June 27, 2025).
- Smith v. D'ilio, No. 3:16-cv-07633 (D.N.J. June 23, 2025).unpublished
- Jones v. Gooden, No. 3:21-cv-00372 (M.D. La. June 30, 2025).
- Gonzalez 967783 v. King, No. 1:25-cv-00670 (W.D. Mich. July 1, 2025).
- Money v. West, No. 4:24-cv-00163 (M.D. Ga. July 2, 2025).
- Welch v. Adams, No. 4:24-cv-01738 (E.D. Mo. July 2, 2025).
- Brown v. Chambers-Smith, No. 1:24-cv-00690 (S.D. Ohio July 11, 2025).
- Choate 646461 v. Perry, No. 2:25-cv-00127 (W.D. Mich. July 11, 2025).
- Carson 786076 v. Gowdy, No. 2:25-cv-00134 (W.D. Mich. July 11, 2025).
- Deromano v. Alabama State Bar, No. 2:25-cv-00223 (N.D. Ala. July 14, 2025).
- McClain v. Strada, No. 3:25-cv-00557 (M.D. Tenn. July 15, 2025).
- Carson 786076 v. Gowdy, No. 2:25-cv-00134 (W.D. Mich. July 17, 2025).
- Robinson v. Williams, No. 1:22-cv-00192 (M.D.N.C. July 18, 2025).
- (PC) Mccready v. Welpath, No. 1:24-cv-01208 (E.D. Cal. July 21, 2025).
- Brown 640704 v. Mann, No. 1:25-cv-00759 (W.D. Mich. July 23, 2025).
- Sanders v. Grimes, No. 3:25-cv-01010 (S.D. Ill. July 25, 2025).
- Newberry v. Ross, No. 4:24-cv-01661 (E.D. Mo. July 24, 2025).
- Simmons 728571 v. Spiessl, No. 2:25-cv-00123 (W.D. Mich. July 28, 2025).
- Kitchen v. Lucasville Corr. Inst., No. 1:22-cv-00500 (S.D. Ohio July 29, 2025).
- Brooks v. State of South Dakota, No. 4:25-cv-04002 (D.S.D. July 29, 2025).
- Brooks v. United States Dep't of Corr., No. 4:25-cv-04029 (D.S.D. July 29, 2025).
- Alphonse v. White, No. 3:24-cv-00278 (N.D. Fla. July 1, 2025).
- (PC) Nieves v. Patrick, No. 1:23-cv-01036 (E.D. Cal. Aug. 1, 2025).
- Amerson v. Oliver, No. 5:24-cv-00149 (M.D. Ga. Aug. 4, 2025).
- Leary v. Bullard, No. 1:23-cv-00903 (M.D.N.C. Aug. 5, 2025).
- Vilardo v. Jordan, No. 5:23-cv-00049 (W.D. Ky. Aug. 6, 2025).
- Gee 792888 v. Hill, No. 2:25-cv-00076 (W.D. Mich. Aug. 7, 2025).
- Moss 739828 v. Wilkins, No. 2:25-cv-00177 (W.D. Mich. Aug. 7, 2025).
- Price v. Mcdaniel, No. 5:24-cv-00366 (M.D. Ga. Aug. 7, 2025).
- Johnson 428544 v. Goodspeed, No. 1:25-cv-00760 (W.D. Mich. Aug. 12, 2025).
- Neal v. Riley, No. 9:25-cv-00709 (N.D.N.Y. Aug. 14, 2025).
- Ochoa v. Marron, No. 4:23-cv-03355 (S.D. Tex. Aug. 15, 2025).
- Perkins 358032 v. Carson City Corr. Facility, No. 1:25-cv-00808 (W.D. Mich. Aug. 18, 2025).
- Fisher 669166 v. Melinowski, No. 1:25-cv-00315 (W.D. Mich. Aug. 19, 2025).
- Strong 834816 v. Perez, No. 1:23-cv-00521 (W.D. Mich. July 22, 2025).
- Manago v. Smith, No. 3:23-cv-00151 (M.D. Fla. Aug. 26, 2025).
- Miner v. Nept, No. 4:25-cv-04035 (D.S.D. Aug. 27, 2025).
- Knox v. Butler, No. 3:25-cv-01653 (S.D. Ill. Aug. 27, 2025).
- Grimage v. Gwara, No. 3:23-cv-01032 (M.D. Fla. Aug. 28, 2025).
- McCray v. Stirling, No. 8:24-cv-01638 (D.S.C. July 29, 2025).
- Rutledge v. Devore-guifarro, No. 1:24-cv-00059 (N.D. Fla. Sept. 2, 2025).
- Brown 640704 v. Solorio, No. 1:25-cv-00921 (W.D. Mich. Sept. 4, 2025).
- King 972631 v. Watt, No. 2:25-cv-00159 (W.D. Mich. Sept. 4, 2025).
- Stephens v. Mcmann, No. 1:23-cv-01314 (S.D. Ind. Sept. 8, 2025).
- Lewis v. Turnwald, No. 2:23-cv-10326 (E.D. Mich. Sept. 8, 2025).
- Hall v. Miami Corr. Facility, No. 3:22-cv-01043 (N.D. Ind. Sept. 8, 2025).
- Delaney 671563 v. Allen, No. 2:25-cv-00182 (W.D. Mich. Sept. 9, 2025).
- Coit v. Wynder, No. 1:22-cv-01277, 2025 WL 2656069 (M.D. Pa. Sept. 16, 2025).
- Knight 730807 v. Washington, No. 1:25-cv-00964 (W.D. Mich. Sept. 18, 2025).
- Meyers v. O'Bear, No. 3:25-cv-01690 (S.D. Ill. Sept. 23, 2025).
- Freeman 402493 v. Vanderweil, No. 1:25-cv-01034 (W.D. Mich. Sept. 24, 2025).
- Brent James Nash v. Austin Bryce, 157 F.4th 436 (6th Cir. 2025).published
- Ward 0162169 v. Griffiths, No. 1:25-cv-00844 (W.D. Mich. Oct. 1, 2025).
- Hinton v. Houser, No. 1:22-cv-00554 (M.D. Pa. Sept. 30, 2025).
- (PC) McCurdy v. Price, No. 1:21-cv-01699 (E.D. Cal. Sept. 3, 2025).
- Josey v. Ramos, No. 9:21-cv-00637 (N.D.N.Y. Oct. 9, 2025).
- Picart, No. 3:25-cv-01846 (S.D. Cal. Oct. 14, 2025).
- Clair, No. 3:25-cv-00364 (S.D. Ill. Oct. 17, 2025).
- Schroeder, No. 2:25-cv-00045 (W.D. Mich. Oct. 17, 2025).
- Schroeder, No. 2:25-cv-00045 (W.D. Mich. Oct. 19, 2025).
- Ruman, No. 1:23-cv-01500 (E.D. Cal. Sept. 11, 2025).
- Che, No. 1:25-cv-10693 (E.D. Mich. Oct. 20, 2025).
- Schroeder, No. 2:25-cv-00228 (W.D. Mich. Oct. 20, 2025).
- Irby, No. 3:25-cv-01756 (S.D. Ill. Oct. 22, 2025).
- Daniels, No. 7:25-cv-00080 (M.D. Ga. Oct. 23, 2025).
- Kuppinger, No. 2:23-cv-00463 (E.D. Cal. Sept. 15, 2025).
- Jordan, No. 3:24-cv-01261 (M.D. Tenn. Oct. 31, 2025).
- (PC)Valencia, No. 1:22-cv-00569 (E.D. Cal. Sept. 24, 2025).
- Pynnonen, No. 2:25-cv-00196 (W.D. Mich. Nov. 3, 2025).
- Enriquez, No. 3:25-cv-02026 (S.D. Cal. Nov. 4, 2025).
- Hugh Adam Keckritz v. Morgan Cnty. Corr. Complex, John Doe Supervisor, John Doe Unit Manager, Warden Shawn Phillips, & Officer Justin Head, No. 3:25-cv-00408 (E.D. Tenn. Nov. 5, 2025).
- Neal, No. 2:25-cv-00172 (W.D. Mich. Nov. 5, 2025).
- Wood, No. 2:24-cv-00165 (S.D. Ohio Nov. 7, 2025).
- Roman, No. 5:25-cv-00132 (W.D. Ky. Nov. 7, 2025).
- Sam, No. 3:23-cv-01485 (M.D. La. Nov. 10, 2025).
- Winkles, No. 3:25-cv-01793 (S.D. Ill. Nov. 13, 2025).
- Haymes, No. 5:25-cv-00124 (W.D. Ky. Nov. 18, 2025).
- Herminio Castillo, Jr. v. Chad Thomas, et al., No. 2:24-cv-00210 (S.D. Tex. Oct. 20, 2025).
- Jensen, No. 1:25-cv-01419 (W.D. Mich. Nov. 25, 2025).
- Camacho, No. 3:25-cv-02027 (S.D. Cal. Nov. 17, 2025).
- Bowden, No. 2:23-cv-00382 (M.D. Fla. Nov. 25, 2025).
- August, No. 2:25-cv-00915 (S.D. Ohio Dec. 1, 2025).
- Deago Ray Pioterek v. Heide E. Washington et al., No. 1:25-cv-01554 (W.D. Mich. Dec. 2, 2025).
- Velasco, No. 3:23-cv-00419 (D. Conn. Dec. 3, 2025).
- Shiflett, No. 5:25-cv-00326 (M.D. Ga. Dec. 5, 2025).
- Morris, No. 3:25-cv-00444 (W.D. Ky. Dec. 12, 2025).
- Buchanan, No. 2:24-cv-00027 (W.D. Pa. Nov. 12, 2025).
- Parker, No. 7:23-cv-09326 (S.D.N.Y. Oct. 28, 2025).
- Ross, No. 3:24-cv-00712 (M.D. La. Nov. 18, 2025).
- Garrison, No. 3:24-cv-01614 (N.D. Ohio Dec. 31, 2025).
- Hess, No. 7:25-cv-00576 (W.D. Va. Jan. 5, 2026).
- Feaster, No. 1:25-cv-00580 (S.D. Ohio Jan. 7, 2026).
- McKinnon, No. 1:24-cv-00289 (D. Md. Jan. 20, 2026).
- Thibodeaux, No. 3:24-cv-00388 (M.D. La. Jan. 21, 2026).
- Butts, No. 5:25-cv-00152 (W.D. Ky. Feb. 3, 2026).
- Joshua Odell Gatlin v. Warden Stevens, Warden J. Perttu, Mejia, Segertrom, Tietje, Neveu, Hansen, Hunt, Maciejewskie, Whitting, Jane & John Does, No. 3:25-cv-00549 (W.D. Wis. Feb. 4, 2026).
- Feaster, No. 1:23-cv-00098 (S.D. Ohio Jan. 30, 2026).
- Simmons, No. 7:24-cv-00547 (W.D. Va. Feb. 18, 2026).
- Westry, No. 3:22-cv-00686 (D. Conn. Mar. 4, 2026).
- Spoln, No. 1:25-cv-01555 (W.D. Mich. Feb. 9, 2026).
- Calkins, No. 1:23-cv-00054 (W.D. Mich. Feb. 11, 2026).
- Robinson, No. 3:25-cv-00707 (M.D. Tenn. Mar. 16, 2026).
- Dowd, No. 4:24-cv-02141 (N.D. Ohio Mar. 4, 2026).
- Coldon, No. 3:25-cv-00847 (M.D. Tenn. Mar. 18, 2026).
- Whethers, No. 2:25-cv-01522 (S.D. Ohio Feb. 11, 2026).
- Pierre, No. 1:23-cv-00262 (W.D. Pa. Feb. 13, 2026).
- Brinson, No. 3:25-cv-00266 (E.D. Tenn. Apr. 3, 2026).
- Scarborough, No. 1:23-cv-01695 (W.D. La. Feb. 23, 2026).
- Weddington, No. 1:24-cv-01913 (D. Md. Mar. 24, 2026).
- Collier, No. 3:25-cv-00568 (M.D. Tenn. Apr. 28, 2026).
- Woodyard, No. 1:25-cv-00334 (S.D. Ala. Mar. 30, 2026).
- Lewis, No. 1:26-cv-00283 (D.R.I. May 14, 2026).
- Thomas, No. 3:25-cv-03063 (N.D. Iowa May 19, 2026).
- Flores, No. 2:26-cv-00044 (S.D. Tex. Mar. 11, 2026).
- Bryant, No. 3:26-cv-00224 (S.D. Ill. May 5, 2026).
- Pierce, No. 5:25-cv-00382 (M.D. Ga. Feb. 26, 2026).
- Michael Mitchell, Jr. & Kyle Finnell v. Annette Chambers-Smith, et al., No. 1:25-cv-00725 (S.D. Ohio Mar. 10, 2026).
- Padavic, No. 3:26-cv-00090 (S.D. Ill. May 7, 2026).
- Curry, No. 2:24-cv-00802 (M.D. Fla. Feb. 18, 2026).
- Watkins, No. 3:26-cv-00335 (S.D. Ill. May 15, 2026).
- Clemmons, No. 1:26-cv-00392 (D.R.I. June 22, 2026).
- Jones, No. 3:24-cv-00363 (M.D. La. July 30, 2026).
- Moore, No. 5:25-cv-00040 (E.D. Ky. July 24, 2026).
- Dellano, No. 2:25-cv-14139 (S.D. Fla. July 30, 2026).
- Velazquez, No. 3:24-cv-00918 (M.D. Fla. Sept. 15, 2026).
At page 39 Shifting inquiry from injury extent to force nature147 citing cases[T]here is no de minimis injury threshold for an excessive force claim . . . .
- Porter, No. 2:24-cv-00504 (E.D. La. July 8, 2026).
- Bradford 891157 v. Bostwick, No. 1:21-cv-00026 (W.D. Mich. June 7, 2021).
- Edwin Escobar-Salmeron v. Stephen Moyer, 150 F.4th 360 (4th Cir. 2025).published
- Harvin v. Cheney, No. 3:23-cv-00328 (D. Conn. June 6, 2025).
- Robinson v. Williams, No. 1:22-cv-00192 (M.D.N.C. July 18, 2025).
- Leary v. Bullard, No. 1:23-cv-00903 (M.D.N.C. Aug. 5, 2025).
- Hess, No. 7:25-cv-00576 (W.D. Va. Jan. 5, 2026).
- Oliver, No. 1:25-cv-01564 (D. Md. Aug. 21, 2026).
- Collins, No. 1:25-cv-02416 (D. Md. Aug. 26, 2026).
- Kristin Sconiers v. FNU Lockhart, 946 F.3d 1256 (11th Cir. 2020).published
Show 137 more citing cases
- Willie Dean, Jr. v. Johnnie Jones, 984 F.3d 295 (4th Cir. 2021).published
- Thomas Wood v. Cavello, No. 20-2117 (3d Cir. Apr. 26, 2021).unpublished
- Mustafa v. Pelletier, No. 22-2187, 2023 WL 7537625 (2d Cir. Nov. 14, 2023).unpublished
- Tunon-Padron v. Riggins, No. 1:19-cv-23146 (S.D. Fla. Aug. 29, 2019).
- Davis v. Lilly, No. 7:23-cv-00152, 2023 WL 6565288 (W.D. Va. Oct. 10, 2023).
- Jones v. Owens, No. 7:24-cv-00331 (W.D. Va. Mar. 31, 2025).
- Benjamin Heyward v. Ms. A. Price, No. 19-6460 (4th Cir. Nov. 18, 2019).unpublished
At page 34 Assessing excessive force based on nature of force92 citing cases[T]he use of excessive physical force against a prisoner may constitute cruel and unusual punishment [even] when the 27 inmate does not suffer serious injury.
- Kinnel v. Barton, No. 3:24-cv-01701 (D. Conn. Sept. 22, 2025).([T]he use of excessive physical force against a prisoner may constitute cruel and unusual punishment [even] when the inmate does not suffer serious injury.)
- Holloway v. Douglas, No. 3:24-cv-01172 (D. Conn. Aug. 19, 2024). ([T]he use of excessive physical force against a prisoner may constitute cruel and unusual punishment [even] when the inmate does not suffer serious injury.)
- Jones v. Gonzalez, No. 3:24-cv-00703 (D. Conn. July 16, 2024).([T]he use of excessive physical force against a prisoner may constitute cruel and unusual punishment [even] when the inmate does not suffer serious injury.)
- Lopez-Delgado v. Watson, No. 3:23-cv-00051 (D. Conn. June 10, 2024).([T]he use of excessive physical force against a prisoner may constitute cruel and unusual punishment [even] when the inmate does not suffer serious injury.)
- Saunders v. Doe, No. 3:24-cv-00054 (D. Conn. May 30, 2024).([T]he use of excessive physical force against a prisoner may constitute cruel and unusual punishment [even] when the inmate does not suffer serious injury.)
- Stevenson v. The Cnty. Sheriff's Off. of Monmouth, No. 3:13-cv-05953 (D.N.J. May 3, 2024).unpublished(Injury and force. . . are. . . imperfectly correlated, and it is the latter that ultimately counts.)
- Thomas v. Dep't of Corr., No. 3:23-cv-01681 (D. Conn. Apr. 17, 2024).([T]he use of excessive physical force against a prisoner may constitute cruel and unusual punishment [even] when the inmate does not suffer serious injury.)
- Quigley v. Burrow, No. 3:23-cv-01182 (D. Conn. Feb. 2, 2024).([T]he use of excessive physical force against a prisoner may constitute cruel and unusual punishment [even] when the inmate does not suffer serious injury.)
- Vaughn v. Baron, No. 3:23-cv-01585 (D. Conn. Jan. 26, 2024).([T]he use of excessive physical force against a prisoner may constitute cruel and unusual punishment [even] when the inmate does not suffer serious injury.)
- Snowden v. Doe, No. 3:23-cv-01204 (D. Conn. Jan. 18, 2024).([T]he use of excessive physical force against a prisoner may constitute cruel and unusual punishment [even] when the inmate does not suffer serious injury.)
Show 82 more citing cases
- Gilberto DeJesus v. Sergeant Willie J. Lewis, 14 F.4th 1182 (11th Cir. 2021).published
- Quincy Williams v. Nicolas Rickman, No. 16-12077 (11th Cir. Jan. 2, 2019).unpublished
- Kevin McCourt v. Miguel Angel Delgado, 826 S.E.2d 620 (W. Va. 2019).published
- Kevin McCourt v. Miguel Angel Delgado, No. 17-0327 & 17-0328 (W. Va. Mar. 25, 2019).published
- Farr v. Paramo, No. 3:16-cv-01279 (S.D. Cal. Dec. 9, 2019).
- Payton v. Zeimet, No. 3:24-cv-01922 (D. Conn. Dec. 19, 2024).
- Porter, No. 2:24-cv-00504 (E.D. La. July 8, 2026).
At page 36 Analyzing requirements for proving excessive force claims38 citing casescore judicial inquiry” on an Eighth Amendment excessive force claim is 12 “whether force was applied in a good-faith effort to maintain or restore discipline, or maliciously 13 and sadistically to cause harm.
- (PC) Jaramillo v. Tappan, No. 2:22-cv-00075 (E.D. Cal. Feb. 12, 2024).(core judicial inquiry” on an Eighth Amendment excessive force claim is 12 “whether force was applied in a good-faith effort to maintain or restore discipline, or maliciously 13 and sadistically to cause harm.)
- Demetrius Hill v. C.O. Crum, 727 F.3d 312 (4th Cir. 2013).published
- Clifford Leon Reid v. Larry Henderson, 688 F. App'x 613 (11th Cir. 2017).unpublished
- Aaron Flemons v. John Devane, No. 18-3111 (8th Cir. Oct. 11, 2019).unpublished
- Smith 197527 v. Lonzo, No. 2:20-cv-02071 (D. Ariz. Sept. 9, 2022).
- Blomdahl v. Penzone, No. 2:22-cv-00094 (D. Ariz. May 23, 2023).
- Miller v. Payne, No. 2:20-cv-00191 (E.D. Ark. Sept. 1, 2023).
- Dillard v. Arkansas Dep't of Corr., No. 4:22-cv-01134 (E.D. Ark. Mar. 18, 2024).
- (PC) Coronel v. Fernandez, No. 2:23-cv-02793 (E.D. Cal. Mar. 14, 2024).
- Lindsay v. Univ. of Connecticut Health Ctr., No. 3:20-cv-00173 (D. Conn. May 1, 2020).
Show 28 more citing cases
- Jones v. Wagner, No. 3:20-cv-00475 (D. Conn. July 24, 2020).
- Farmer v. Lyons, No. 8:18-cv-00567 (D. Md. July 26, 2019).
- Howell 240303 v. Mayhew, No. 1:21-cv-00069 (W.D. Mich. July 7, 2021).
- Oben 753474 v. Corizon, No. 1:20-cv-01050 (W.D. Mich. Sept. 22, 2021).
- Berry, No. 3:25-cv-00363 (M.D. La. June 29, 2026).
At page 40 Determining elements of excessive force claim and damages36 citing casesholding in the excessive-force context that a plaintiff can still prevail on an Eighth Amendment claim with no more than a de minimis injury, though “the relatively modest nature of his alleged injuries will no doubt limit the damages he may recover
- Holloway v. Douglas, No. 3:24-cv-01172 (D. Conn. Aug. 19, 2024). See Wilkins v. Gaddy, 559 U.S. 34, 34 (2010) (“[T]he use of excessive physical force against a prisoner may constitute cruel and unusual punishment [even] when the inmate does not suffer serious injury.”) (quoting Hudson v. McMillian, 503…
- Gilberto DeJesus v. Sergeant Willie J. Lewis, 14 F.4th 1182 (11th Cir. 2021).published
- Farr v. Paramo, No. 3:16-cv-01279 (S.D. Cal. Dec. 9, 2019).
- Payton v. Zeimet, No. 3:24-cv-01922 (D. Conn. Dec. 19, 2024).
- Simmons, No. 7:24-cv-00547 (W.D. Va. Feb. 18, 2026).
- Kirton v. Westchester Cnty. Dep't of Corr./Facility/Jail, No. 7:20-cv-10860 (S.D.N.Y. Mar. 21, 2023).
- Peter Fugawa v. L. Dearmond, No. 15-16223 (9th Cir. Apr. 11, 2018).unpublished
- United States v. Scott, No. 18-2836 (L) (2d Cir. Nov. 5, 2020).unpublished
- Gonzalez v. Guzman, No. 3:17-cv-00241 (S.D. Cal. Sept. 4, 2019).
- Cosby v. DeJesus, No. 3:19-cv-01898 (D. Conn. May 20, 2020).
Show 26 more citing cases
- Jordan v. Corr., No. 3:22-cv-00701 (D. Conn. Mar. 13, 2023).
- Evans v. Hyppolite, No. 1:23-cv-20208 (S.D. Fla. Mar. 7, 2023).
- Echols v. IDOC, No. 3:20-cv-00583 (S.D. Ill. Jan. 4, 2021).
- Hampton v. Baldwin, No. 3:18-cv-00550 (S.D. Ill. June 23, 2021).
At page 35 Assessing excessive force claims and de minimis injury threshold10 citing casesthe officer “slammed [the plaintiff] onto the concrete floor” and “proceeded to punch, kick, knee, and choke [him].
- John McCottrell v. Marcus White, 933 F.3d 651 (7th Cir. 2019).published
- Joseph Johnson v. Clair Sootsman, 79 F.4th 608 (6th Cir. 2023).published
- Bradford 891157 v. Bostwick, No. 1:21-cv-00026 (W.D. Mich. June 7, 2021).
- Clark v. Michael G. Thompson, No. 4:20-cv-01142 (E.D. Mo. Sept. 29, 2023).
- Maldonado v. Brock, No. 5:17-cv-00157 (E.D. Tex. July 14, 2020).
- Dillard v. The City of Lynchburg, No. 6:22-cv-00031 (W.D. Va. Sept. 25, 2023).
- Searcy v. Wimmer, No. 2:14-cv-15045 (S.D. W. Va. Mar. 22, 2018).
- Edwin Escobar-Salmeron v. Stephen Moyer, 150 F.4th 360 (4th Cir. 2025).published
- Paul Thompson, Jr. v. Commonwealth of Virginia, 878 F.3d 89 (4th Cir. 2017).published
130 S. Ct. at 1177 Determining excessive force based on nature of force7 citing casesreversing dismissal of Eighth Amendment claim where inmate alleged he was assaulted in retaliation for requesting a grievance form and emphasizing that judicial inquiry should focus on “the nature of the force rather than the extent of the injury.
- Hill v. O'Brien, 387 F. App'x 396 (4th Cir. 2010).unpublished
- Johnson v. DELOACH, 692 F. Supp. 2d 1316 (M.D. Ala. 2010).published
- Gilberto DeJesus v. Sergeant Willie J. Lewis, 14 F.4th 1182 (11th Cir. 2021).published
- Anderson v. Spoljarik, No. 1:18-cv-00380 (S.D. Ohio Feb. 12, 2020).
- Anderson v. Spoljarik, No. 1:18-cv-00380 (S.D. Ohio Mar. 6, 2020).
- Brown v. Cool, No. 2:21-cv-05146 (S.D. Ohio Nov. 20, 2023).
- Fennell v. Horvath, No. 5:19-cv-04183, 2020 WL 2556952 (E.D. Pa. May 20, 2020).
Other citing cases
- Maresca v. Cnty. of Bernalillo, 804 F.3d 1301 (10th Cir. 2015).published
v.
Gaddy
Lead Opinion
In Hudson v. McMillian, 503 U. S. 1, 4 (1992), this Court held that “the use of excessive physical force against a prisoner may constitute cruel and unusual punishment [even] when the inmate does not suffer serious injury.” In this ease, the District Court dismissed a prisoner’s excessive force claim based entirely on its determination that his injuries were “de minimis.” Because the District Court’s approach, affirmed on appeal, is at odds with Hudson’s direction to decide excessive force claims based on the nature of the force rather than the extent of the injury, the petition for certiorari is granted, and the judgment is reversed.
I
In March 2008, petitioner Jamey Wilkins, a North Carolina state prisoner, filed suit in the United States District Court[*35] for the Western District of North Carolina pursuant to Rev. Stat. § 1979,42 U. S. C. § 1983. Wilkins’ pro se complaint alleged that, on June 13,2007, he was “maliciously and sadistically” assaulted “[without any provocation” by a corrections officer, respondent Gaddy.[1] App. to Pet. for Cert. C-4. According to the complaint, Gaddy, apparently angered by Wilkins’ request for a grievance form, “snatched [Wilkins] off the ground and slammed him onto the concrete floor.” Ibid. Gaddy “then proceeded to punch, kick, knee and choke [Wilkins] until another officer had to physically remove him from [Wilkins].” Ibid. Wilkins further alleged that, “[a]s a result of the excessive force used by [Gaddy], [he] sustained multiple physical injuries including a bruised heel, lower back pain, increased blood pressure as well as migraine headaches and dizziness” and “psychological trauma and mental anguish including depression, panic attacks and nightmares of the assault.” Ibid.
The District Court, on its own motion and without a response from Gaddy, dismissed Wilkins’ complaint for failure to state a claim. Citing Circuit precedent, the court stated that, “[i]n order to state an excessive force claim under the Eighth Amendment, a plaintiff must establish that he received more than a de minimus [sic] injury.” No. 3:08-cv-00138 (WDNC, Apr. 16, 2008), pp. 1, 2 (footnote omitted; citing Taylor v. McDuffie, 155 F. 3d 479, 483 (CA4 1998); Riley v. Dorton, 115 F. 3d 1159, 1166 (CA4 1997) (en banc)). According to the eourt, Wilkins’ alleged injuries were no more severe than those deemed de minimis in the Circuit’s Taylor and Riley decisions. Indeed, the court noted, Wilkins nowhere asserted that his injuries had required medical attention.
In a motion for reconsideration, Wilkins stated that he was unaware that the failure to allege medical treatment might prejudice his claim. He asserted that he had been pre[*36]scribed, and continued to take, medication for his headaches and back pain, as well as for depression. And he attached medical records purporting to corroborate his injuries and course of treatment.
Describing reconsideration as “‘an extraordinary remedy,”' the court declined to revisit its previous ruling. No. 3:08-cv-00138. (WDNC, Aug. 25, 2008), p. 1. The medical records, the court observed, indicated that some of Wilkins’ alleged injuries “were pre-existing conditions.” Id., at 3. Wilkins had sought treatment for high blood pressure and mental health issues even before the assault. The court acknowledged that Wilkins received an X ray after the incident “to examine his ‘bruised heel,’” but it “note[d] that bruising is generally considered a de minimus [sic] injury.” Id., at 4. The court similarly characterized as de minimis Wilkins’ complaints of back pain and headaches. The court denied Wilkins leave to amend his complaint. In a summary disposition, the Court of Appeals affirmed “for the reasons stated by the district court.” 308 Fed. Appx. 696, 697 (CA4 2009) (per curiam).
II
In requiring what amounts to a showing of significant injury in order to state an excessive force claim, the Fourth Circuit has strayed from the clear holding of this Court in Hudson. Like Wilkins, the prisoner in Hudson filed suit under § 1983 alleging that corrections officers had used excessive force in violation of the Eighth Amendment. Evidence indicated that the officers had punched Hudson in the mouth, eyes, chest, and stomach without justification, resulting in “minor bruises and swelling of his face, mouth, and lip” as well as loosened teeth and a cracked partial dental plate. 503 U. S., at 4. A Magistrate Judge entered judgment in Hudson’s favor, but the Court of Appeals for the Fifth Circuit reversed, holding that an inmate must prove “a significant injury” in order to state an excessive force claim. Hudson v. McMillian, 929 F. 2d 1014, 1015 (1990)[*37] (per curiam). According to the Court of Appeals, Hudson’s injuries, which had not required medical attention, were too “minor” to warrant relief. Ibid.
Reversing the Court of Appeals, this Court rejected the notion that “significant injury” is a threshold requirement for stating an excessive force claim. The “core judicial inquiry,” we held, was not whether a certain quantum of injury was sustained, but rather “whether force was applied in a good-faith effort to maintain or restore discipline, or maliciously and sadistically to cause harm.” 503 U. S., at 7; see also Whitley v. Albers, 475 U. S. 312, 319-321 (1986). “When prison officials maliciously and sadistically use force to cause harm,” the Court recognized, “contemporary standards of decency always are violated . . . whether or not significant injury is evident. Otherwise, the Eighth Amendment would permit any physical punishment, no matter how diabolic or inhuman, inflicting less than some arbitrary quantity of injury.” Hudson, 503 U. S., at 9; see also id., at 13-14 (Black-mun, J., concurring in judgment) (“The Court today appropriately puts to rest a seriously misguided view that pain inflicted by an excessive use of force is actionable under the Eighth Amendment only when coupled with ‘significant injury,’ e. g., injury that requires medical attention or leaves permanent marks”).
This is not to say that the “absence of serious injury” is irrelevant to the Eighth Amendment inquiry. Id., at 7 (opinion of the Court). “[T]he extent of injury suffered by an inmate is one factor that may suggest ‘whether the use of force could plausibly have been thought necessary’ in a particular situation.” Ibid, (quoting Whitley, supra, at 321). The extent of injury may also provide some indication of the amount of force applied. As we stated in Hudson, not “every malevolent touch by a prison guard gives rise to a federal cause of action.” 503 U. S., at 9. “The Eighth Amendment’s prohibition of ‘cruel and unusual’ punishments necessarily excludes from constitutional recognition de mini[*38] mis uses of physical force, provided that the use of force is not of a sort repugnant to the conscience of mankind.” Id., at 9-10 (some internal quotation marks omitted). An inmate who complains of a “‘push or shove’” that causes no discernible injury almost certainly fails to state a valid excessive force claim. Id., at 9 (quoting Johnson v. Glick, 481 F. 2d 1028, 1033 (CA2 1973)).
Injury and force, however, are only imperfectly correlated, and it is the latter that ultimately counts. An inmate who is gratuitously beaten by guards does not lose his ability to pursue an excessive force claim merely because he has the good fortune to escape without serious injury. Accordingly, the Court concluded in Hudson that the supposedly “ ‘minor’ ” nature of the injuries “provide[d] no basis for dismissal of [Hudson’s] §1983 claim” because “the blows directed at Hudson, which caused bruises, swelling, loosened teeth, and a cracked dental plate, are not de minimis for Eighth Amendment purposes.” 503 U. S., at 10.
The allegations made by Wilkins in this case are quite similar to the facts in Hudson, and the District Court’s analysis closely resembles the approach Hudson disavowed. Wilkins alleged that he was punched, kicked, kneed, choked, and body slammed “maliciously and sadistically” and “[without any provocation.” Dismissing Wilkins’ action sua sponte, the District Court did not hold that this purported assault, which allegedly left Wilkins with a bruised heel, back pain, and other injuries requiring medical treatment, involved de minimis force. Instead, the court concluded that Wilkins had failed to state a claim because “he simply has not alleged that he suffered anything more than a de minimus [sic] injury.” No. 3:08-cv-00138 (WDNC, Apr. 16, 2008), at 2.
In giving decisive weight to the purportedly de minimis nature of Wilkins’ injuries, the District Court relied on two Fourth Circuit cases. See Riley, 115 F. 3d, at 1166-1168; Taylor, 155 F. 3d, at 483-485. Those cases, in turn, were based upon the Fourth Circuit’s earlier decision in Norman v. Taylor, 25 F. 3d 1259 (1994) (en banc), which approved the[*39] practice of using injury as a proxy for force. According to the Fourth Circuit, Hudson “does not foreclose and indeed is consistent with [the] view . . . that, absent the most extraordinary circumstances, a plaintiff cannot prevail on an Eighth Amendment excessive force claim if his injury is de minimis.” 25 F. 3d, at 1263.
The Fourth Circuit’s strained reading of Hudson is not defensible. This Court’s decision did not, as the Fourth Circuit would have it, merely serve to lower the injury threshold for excessive force claims from “significant” to “non-de minimis” — whatever those ill-defined terms might mean. Instead, the Court aimed to shift the “core judicial inquiry” from the extent of the injury to the nature of the force— specifically, whether it was nontrivial and “was applied . . . maliciously and sadistically to cause harm.” 503 U. S., at 7. To conclude, as the District Court did here, that the absence of “some arbitrary quantity of injury” requires automatic dismissal of an excessive force claim improperly bypasses this core inquiry. Id, at 9.[2]
[*40] In holding that the District Court erred in dismissing Wilkins’ complaint based on the supposedly de minimis nature of his injuries, we express no view on the -underlying merits of his excessive force claim. In order to prevail, Wilkins will ultimately have to prove not only that the assault actually occurred but also that it was carried out “maliciously and sadistically” rather than as part of “a good-faith effort to maintain or restore discipline.” Id., at 7. Moreover, even if Wilkins succeeds, the relatively modest nature of his alleged injuries will no doubt limit the damages he may recover.
* * *
The petition for certiorari and the motion for leave to proceed in forma pauperis are granted. The judgment of the Court of Appeals is reversed, and the case is remanded for further proceedings consistent with this opinion.
It is so ordered.
The materials in the record do not disclose Gaddy’s full name.
Most Circuits to consider the issue have rejected the Fourth Circuit’s de minimis injury requirement. See, e. g., Wright v. Goord, 554 F. 3d 255, 269-270 (CA2 2009) (“[O]ur Court has reversed summary dismissals of Eighth Amendment claims of excessive force even where the plaintiff’s evidence of injury was slight____ [T]he absence of any significant injury to [the plaintiff] does not end the Eighth Amendment inquiry, for our standards of decency are violated even in the absence of such injury if the defendant’s use of force was malicious or sadistic”); Smith v. Mensinger, 293 F. 3d 641, 648-649 (CA3 2002) (“[T]he Eighth Amendment analysis must be driven by the extent of the force and the circumstances in which it is applied; not by the resulting injuries. . . . [D]e minimis injuries do not necessarily establish de minimis force”); Oliver v. Keller, 289 F. 3d 623, 628 (CA9 2002) (rejecting the view “that to support an Eighth Amendment excessive force claim a prisoner must have suffered from the excessive force a more than de minimis physical injury” (internal quotation marks omitted)); United States v. LaVallee, 439 F. 3d 670, 687 (CA10 2006) (same).
The Fifth Circuit has sometimes used language indicating agreement with the Fourth Circuit’s approach. See, e. g., Gomez v. Chandler, 163 F. 3d 921, 924 (1999) (“[T]o support an Eighth Amendment excessive force[*40] claim a prisoner must have suffered from the excessive force a more than de minimis physical injury”). But see Brown v. Lippard, 472 F. 3d 384, 386 (2006) (“This Court has never directly held that injuries must reach beyond some arbitrary threshold to satisfy an excessive force claim”). Even in the Fifth Circuit, however, Wilkins likely would have survived dismissal for failure to state a claim because that court’s precedents have classified the sort of injuries alleged here as non-cfe minimis. See, e. g., ibid, (permitting a prisoner’s Eighth Amendment excessive force claim to proceed to trial where evidence indicated that the prisoner suffered “one-centimeter abrasions on both his left knee and left shoulder, pain in his right knee, and tenderness around his left thumb,” as well as “back problems”); Gomez, supra, at 922 (refusing to grant summary judgment on de minimis injury grounds where the prisoner alleged “physical pain [and] bodily injuries in the form of cuts, scrapes, [and] contusions to the face, head, and body”).
Concurrence
with whom Justice Scalia joins, concurring in the judgment.
I agree with the Court that the Fourth Circuit’s Eighth Amendment analysis is inconsistent with Hudson v. McMil[*41] lian, 503 U. S. 1(1992). But I continue to believe that Hudson was wrongly decided. Erickson v. Pardus, 551 U. S. 89, 95 (2007) (dissenting opinion); Farmer v. Brennan, 511 U. S. 825, 858 (1994) (opinion concurring in judgment); Helling v. McKinney, 509 U. S. 25, 37 (1993) (dissenting opinion); Hudson, supra, at 17 (dissenting opinion).
“At the time the Eighth Amendment was ratified, the word ‘punishment’ referred to the penalty imposed for the commission of a crime.” Helling, supra, at 38 (Thomas, J., dissenting). The Court adhered to this understanding until 1976, when it declared in Estelle v. Gamble, 429 U. S. 97, that the Cruel and Unusual Punishments Clause also extends to prison conditions not imposed as part of a criminal sentence. See generally Hudson, supra, at 18-20 (Thomas, J., dissenting); Farmer, supra, at 861 (Thomas, J., concurring in judgment). To limit this abrupt expansion of the Clause, the Court specified that its new interpretation of the Eighth Amendment should not extend to every deprivation a prisoner suffers, but instead should apply “only [to] that narrow class of deprivations involving ‘serious’ injury inflicted by prison officials acting with a culpable state of mind.” Hudson, supra, at 20 (Thomas, J., dissenting) (citing Estelle, supra, at 106); see generally Wilson v. Seiter, 501 U. S. 294, 298 (1991).
Hudson, however, discarded the requirement of serious injury. Building upon Estelle's mislaid foundation, the Court concluded that force, rather than injury, is the relevant inquiry, and that a prisoner who alleges excessive force at the hands of prison officials and suffers nothing more than de minimis injury can state a claim under the Eighth Amendment. Hudson thus turned the Eighth Amendment into “a National Code of Prison Regulation,” 503 U. S., at 28 (Thomas, J., dissenting); Farmer, 511 U. S., at 859 (Thomas, J., concurring in judgment), with “federal judges [acting as] superintendents of prison conditions nationwide,” id., at 860.[*42] Although neither the Constitution nor our precedents require this result, no party to this case asks us to overrule Hudson. Accordingly, I concur in the Court’s judgment.