No. 01-309.

536 U.S. 730 (2002)

HOPE v. PELZER et al.

United States Supreme Court.

Decided June 27, 2002.

Attorney(s) appearing for the Case

Craig T. Jones argued the cause for petitioner. With him on the brief were James Mendelsohn, J. Richard Cohen, and Rhonda Brownstein.

Austin C. Schlick argued the cause for the United States as amicus curiae urging reversal. With him on the brief were Solicitor General Olson, Assistant Attorneys General McCallum and Boyd, Deputy Solicitor General Clement, Barbara L. Herwig, and Richard A. Olderman.

Nathan A. Forrester, Solicitor General of Alabama, argued the cause for respondents. With him on the brief were Bill Pryor, Attorney General, Alyce S. Robertson, Deputy Solicitor General, and Margaret Fleming and Ellen LeonardThomas, Assistant Attorneys General.

Gene C. Schaerr argued the cause for the State of Missouri et al. as amici curiae urging affirmance. With him on the brief were Jeremiah W. Nixon, Attorney General of Missouri, and James R. Layton, State Solicitor, Robert H. Kono, Acting Attorney General of Guam, and Carter G. Phillips, joined by the Attorneys General for their respective States as follows: Richard Blumenthal of Connecticut, Earl I. Anzai of Hawaii, Steve Carter of Indiana, Richard P. Ieyoub of Louisiana, Mike Moore of Mississippi, Don Stenberg of Nebraska, Frankie Sue Del Papa of Nevada, W. A. Drew Edmondson of Oklahoma, Hardy Myers of Oregon, D. Mi- chael Fisher of Pennsylvania, Sheldon White house of Rhode Island, Mark L. Shurtleff of Utah, and Darrell V. McGraw, Jr., of West Virginia.*

Stevens, J., delivered the opinion of the Court, in which O'Connor, Kennedy, Souter, Ginsburg, and Breyer, JJ., joined. Thomas, J., filed a dissenting opinion, in which Rehnquist, C. J., and Scalia, J., joined, p. 748.

Justice Stevens, delivered the opinion of the Court.

The Court of Appeals for the Eleventh Circuit concluded that petitioner Larry Hope, a former prison inmate at the Limestone Prison in Alabama, was subjected to cruel and unusual punishment when prison guards twice handcuffed him to a hitching post to sanction him for disruptive conduct. Because that conclusion was not supported by earlier cases with "materially similar" facts, the court held that the respondents...

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