Sunday, October 28, 2007

Constitutional Right To Kick Ass

Clarence is kind of a hard-assed prick. One of several examples from the LATimes (10.28.07):
"The case of Hudson vs. McMillian came before the court just weeks after Thomas arrived. Keith Hudson, a Louisiana inmate, said he was pulled from his cell, put in handcuffs, held by two guards and punched in the face repeatedly. A supervisor watched and warned the guards 'not to have too much fun.'

Hudson was bruised, his teeth were loosened, and his dental plate was cracked. He sued, and after hearing the evidence, a magistrate awarded him $800 in damages."

Thomas' rulings contrast meager beginnings

"Louisiana appealed, arguing that Hudson had no claim because he had not suffered permanent injury."

"In a 7-2 decision, the court ruled in favor of Hudson. Though guards may use force to maintain order in prisons, they may not 'maliciously and sadistically use force to cause harm,' said then-Justice Sandra Day O'Connor."

"Thomas dissented, as did Justice Antonin Scalia. Hudson's injury was minor, Thomas said. 'In my view, our society . . . has no expectation that prisoners will have 'unqualified' freedom from force, since forcibly keeping prisoners in detention is what prisons are all about.'"

In a rather whiny (whine, as in to snivel or complain in a peevish, self-pitying way) speech a while back, Clarence called Hudson an "opinion that is trotted out for propaganda, for the propaganda parade". This one must really get his goat, eh?

Clarence feels that Hudson's ass-kicking wasn't cruel and unusual punishment under the Eighth Amendment because it was "a single incident of force by the prison guards which did not cause a significant injury." Besides, the lippy bastard had it coming.

Anyway, the article doesn't mention it but not only was Hudson handcuffed at the time of the beating, his legs were shackled too.



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