USCON AM-0008- ANNOTATIONS

State v. Kumukau: A Case for the Application of Eighth Amendment Proportionality Analysis. 13 UH L. Rev. 577.

Even a War Has Some Rules: The Supreme Court Puts the Brakes on Drug-Related Civil Forfeitures. 16 UH L. Rev. 493.

Prison guard's alleged assault against inmate, if proved, violated inmate's Eighth Amendment right. 795 F.2d 780.

Forfeiture under Racketeer Influenced and Corrupt Organizations Act may violate the Eighth Amendment if grossly disproportionate. 817 F.2d 1409.

Allegation of overcrowding in a prison, without more, does not state a claim under the Eighth Amendment. However, if the overcrowding engenders violence, tension, and psychiatric problems, then an Eighth Amendment claim may arise. 832 F.2d 119.

Prisoner was denied adequate medical treatment. 865 F.2d 982.

No qualified immunity on 42 U.S.C. §1983 claim for prison official who allegedly forced inmate to choose between constitutional right to outdoor recreation and law library access. 39 F.3d 936.

Prison officials' failure to provide inmate with outdoor recreation when officials knew of prison's goal to provide five hours of exercise per week precluded summary judgment for officials claiming 42 U.S.C. §1983 qualified immunity. 48 F.3d 1082.

Prison officials not entitled to summary judgment on claim of 42 U.S.C. §1983 qualified immunity where inmate made adequate showing of "actual injury" to court access by officials that, if true, violates clearly established constitutional rights. 48 F.3d 1082.

No merit to claim that forfeiture of real property violated excessive fines clause, where claimant's property bore a close relationship to gambling activity, and forfeiture did not impose upon claimant a grossly disproportionate penalty. 120 F.3d 947.

District court correctly granted defendants summary judgment on claim, where inmate argued that being labeled a sex offender and being forced to participate in sex offender treatment program violated Eighth Amendment prohibition against cruel and unusual punishment. 131 F.3d 818.

Because three-strikes statute (18 U.S.C. §3559(c)) restricted its application to instances where both the defendants' primary and past convictions were "serious violent felonies", defendant's punishment for bank robbery was not sufficiently disproportionate to contravene Eighth Amendment. 192 F.3d 1188.

Generally out-of-state transfer of prisoner is not cruel and unusual punishment. 387 F. Supp. 912; 396 F. Supp. 196.

Violated by denying inmates regular outdoor exercise and recreation. 816 F. Supp. 1501.

Violated by use of excessive force by prison personnel against inmates. 818 F. Supp. 1333.

Summary judgment in favor of defendant appropriate on inmate's cause of action alleging that adult correctional officer's intentional and sadistic harassment of inmate violated inmate's Eighth and Fourteenth Amendment rights. 823 F. Supp. 750.

Defendants acted neither with deliberate indifference nor maliciously and sadistically in labeling plaintiff as sex offender. 905 F. Supp. 813.

Where plaintiff claimed that defendants state hospital superintendent, registered nurse, and paramedical assistant manifested a deliberate indifference to plaintiff's right to be free from an unreasonable use of force, plaintiff's claims against superintendent and nurse in their individual capacities were barred by doctrine of qualified immunity. 909 F. Supp. 737.

Forfeiture of nine properties involved in money laundering offenses did not constitute an excessive fine under the Eighth Amendment. 164 F. Supp. 2d 1196.

Defendants-prison doctors' motion for summary judgment denied; questions of fact existed as to whether defendants-prison doctors acted with deliberate indifference to plaintiff's serious medical need for a drug. 217 F. Supp. 2d 1095.

Cruel and unusual punishment is such that would shock conscience of reasonable persons or outrage moral sense of community. 56 H. 343, 537 P.2d 724.

Imprisonment for possession of marijuana is not cruel and unusual. 56 H. 501, 542 P.2d 366.

Standard for determining. 61 H. 262, 602 P.2d 914.

Extended prison term under §706-662 not violative. 63 H. 488, 630 P.2d 619.

Life imprisonment with mandatory minimum of fifteen years for attempted murder of infant by abandonment was neither cruel nor unusual. 73 H. 109, 831 P.2d 512.

Given heinous character of offenses committed and primacy of retributive, incapacitative, and deterrent objectives, prescribed punishment not so disproportionate to proscribed conduct and of such duration as to shock conscience of reasonable persons or outrage moral sense of the community. 83 H. 335, 926 P.2d 1258.

Not violated by ninety-day suspension of driver's license under §291-4 for drunken bicyclist where: (1) no showing that disparity of risk between drunken bicyclists and drunken automobile drivers is so great; and (2) suspension not disproportionately onerous compared to more serious crimes in same jurisdiction and for the same offense in different jurisdictions. 87 H. 249, 953 P.2d 1347.

Not violated by trial court's refusal to find strong mitigating circumstances pursuant to §706-606.5(4) (1998) and imposition of concurrent mandatory minimum ten-year terms where defendant could have reasonably been deemed to pose a danger to society, more serious crimes by repeat offenders may be punished in Hawaii by longer mandatory minimum terms, and other jurisdictions permitted significantly lengthier sentences for repeat offenders. 93 H. 87, 997 P.2d 13.

Cited: 56 H. 447, 539 P.2d 1197.