Writ: Legal Commentary
SHERRY COLB | A Recent Supreme Court Case On The
Eighth Amendment and
Qualified Immunity Both Exposes And Hides The Cruelty
University of Pennsylvania visiting law professor, and
professor Sherry Colb discusses the case of Hope v.
Pelzer, in which the
Supreme Court heard oral argument last week. Colb
explains the case's
two central issues: First, what constitutes "cruel and
punishment in violation of the Eighth Amendment?
Second, when are
prison guards on notice that the punishment they
inflict for prisoners'
disciplinary infractions violates the Eighth Amendment?