In a second dissent, Judge Mark J. Bennett argued that “text, tradition, and original public meaning” establish that the Eighth Amendment does not ordinarily “impose substantive limits on ...

Others say they were assaulted by officers themselves. The Eighth Amendment, which bars "cruel and unusual punishments," was intended by the founders as a bulwark against prisoner abuse. Over the ...

Johnson that a city does not violate the Eighth Amendment’s ban on cruel and unusual punishments when it enforces against homeless individuals its ordinance that bars encampments on public property.