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HOARD v. HARTMAN

No. 16-35738.

904 F.3d 780 (2018)

Sean Colby HOARD, Plaintiff-Appellant, v. J. HARTMAN; Brown, Mr.; Ortega, Mr.; E. Saldivar; James A. Taylor; Mark Nooth, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 13, 2018.

Attorney(s) appearing for the Case

Joshua Hafenbrack (argued) and Sean A. Lev , Kellogg Hansen Todd Figel & Frederick PLLC, Washington, D.C., for Plaintiff-Appellant.

Peenesh Shah (argued), Assistant Attorney General; Benjamin Gutman , Solicitor General; Ellen F. Rosenblum , Attorney General; Office of the Attorney General, Salem, Oregon; for Defendants-Appellees.

Before: A. Wallace Tashima, M. Margaret McKeown, and Richard A. Paez, Circuit Judges.

OPINION

Cruelty distilled is harm inflicted without reason: pain for the sake of pain, violence in the name of violence. For this reason, the Supreme Court has long held that the Eighth Amendment forbids the application of force by officers against an inmate "for the very purpose of causing harm," Whitley v. Albers...

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