Wilson v. Seiter: Less than Meets the Eye

Prisoners and the Law, pp. 19-21, Ira P. Robins, ed., 1999

20 Pages Posted: 21 Jan 2013

See all articles by David J. Gottlieb

David J. Gottlieb

University of Kansas - School of Law

Date Written: January 21, 1999

Abstract

In 1991 the United States Supreme Court revisited the question of the general standards that are required in eighth amendment conditions-of-confinement litigation. In Wilson v. Seiter, the Court declared that, in an eighth amendment case in which an inmate claims that conditions of confinement constitute cruel and unusual punishment, the inmate must show that prison officials had a culpable state of mind -- deliberate indifference -- as a prerequisite to obtaining relief. In so holding, the Court rejected the arguments of both the petitioner and the United States Justice Department, as amicus curiae, that the objective conditions endured by prisoners, rather than the state of mind of prison officials, ought to determine whether indecent prison conditions constitute cruel and unusual punishment.

Suggested Citation

Gottlieb, David J., Wilson v. Seiter: Less than Meets the Eye (January 21, 1999). Prisoners and the Law, pp. 19-21, Ira P. Robins, ed., 1999, Available at SSRN: https://ssrn.com/abstract=2204513

David J. Gottlieb (Contact Author)

University of Kansas - School of Law ( email )

Green Hall
1535 W. 15th Street
Lawrence, KS 66045-7577
United States

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