GILMORE, D.J., delivered the opinion of the court, in which JONES, J., joined. BATCHELDER, J. (pp. 1038-1040), delivered a separate dissenting opinion.
GILMORE, District Judge.
This case presents the question of whether the isolated and unauthorized use of force by a prison guard on an inmate constitutes "punishment" within the meaning of the Eighth Amendment. The district court concluded that a spontaneous assault does not state a cognizable claim under the...
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