explaining that “prison officials who lacked knowledge of a risk cannot be said to have inflicted punishment[,]” and, thus, “[p]rison officials charged with deliberate indifference might show, for example, that they did not know of the underlying facts indicating a sufficiently substantial danger and that they were therefore unaware of a danger, or that they knew the underlying facts but believed (albeit unsoundly) that the risk to which the facts gave rise was insubstantial or nonexistent”
How later courts described this case
- explaining that “prison officials who lacked knowledge of a risk cannot be said to have inflicted punishment[,]” and, thus, “[p]rison officials charged with deliberate indifference might show, for example, that they did not know of the underlying facts indicating a sufficiently substantial danger and that they were therefore unaware of a danger, or that they knew the underlying facts but believed (albeit unsoundly) that the risk to which the facts gave rise was insubstantial or nonexistent”
- holding that a prison official violates the Eighth Amendment (or the Fourteenth Amendment in the case of pretrial detainees) only when two requirements are met: (I) the alleged deprivation must be, objectively, “sufficiently serious,” resulting “in the denial of ‘the minimal civilized measure of life's necessities,’” and (ii) the prison official must have a ‘sufficiently culpable state of mind,’” i.e., “‘deliberate indifference’ to inmate health or safety.” (citations omitted)
- explaining that “[p]rison officials charged with deliberate indifference” may escape liability by “show[ing], for example, that they did not know of the underlying facts indicating a sufficiently substantial danger and that they were therefore unaware of a danger, or that they knew the underlying facts but believed (albeit unsoundly) that the risk to which the facts gave rise was insubstantial or nonexistent”
- holding that “a prison official cannot be found liable under the Eighth Amendment for 15 denying an inmate humane conditions of confinement unless the official knows of and disregards 16 an excessive risk to inmate health or safety; the official must both be aware of facts from which 17 the inference could be drawn that a substantial risk of serious harm exists, and he must also draw 18 the inference”
Written by the judges who cited it.
Distinguished
Distinguished by Schneider v. Simonini, 163 N.J. 336 (2000)
Therefore, the "deliberate indifference" standard of Farmer and its progeny is inapplicable to Section 1983 cases.
The opinion
Justice Blackmun,
concurring.
I agree with Justice Stevens that inhumane prison conditions violate the Eighth Amendment even if no prison official has an improper, subjective state of mind. This Court’s holding in Wilson v. Seiter, 501 U. S. 294 (1991), to the effect that barbaric prison conditions may be beyond the reach of the Eighth Amendment if no prison official can be deemed individually culpable, in my view is insupportable in principle and is inconsistent with our precedents interpreting the Cruel and Unusual Punishments Clause. Whether the Constitution has been violated “should turn on the character of the punishment rather than the motivation of the individual who inflicted it.” Estelle v. Gamble, 429 U. S. 97, 116 *852 (1976) (Stevens, J., dissenting). Wilson v. Seiter should be overruled.
Although I do not go along with the Court’s reliance on Wilson in defining the “deliberate indifference” standard, I join the Court’s opinion, because it creates no new obstacles for prison inmates to overcome, and it sends a clear message to prison officials that their affirmative duty under the Constitution to provide for the safety of inmates is not to be taken lightly. Under the Court’s decision today, prison officials may be held liable for failure to remedy a risk so obvious and substantial that the officials must have known about it, see ante, at 842-843, and prisoners need not “‘await a tragic event [such as an] actua[l] assaul[t] before obtaining relief,’ ” ante, at 845.
I
Petitioner is a transsexual who is currently serving a 20-year sentence in an all-male federal prison for credit card fraud. Although a biological male, petitioner has undergone treatment for silicone breast implants and unsuccessful surgery to have his testicles removed. Despite his overtly feminine characteristics, and his previous segregation at a different federal prison because of safety concerns, see Farmer v. Carlson, 685 P. Supp. 1335, 1342 (MD Pa. 1988), prison officials at the United States Penitentiary in Terre Haute, Indiana, housed him in the general population of that maximum-security prison. Less than two weeks later, petitioner was brutally beaten and raped by another inmate in petitioner’s cell.
Homosexual rape or other violence among prison inmates serves absolutely no penological purpose. See Rhodes v. Chapman, 452 U. S. 337,345-346 (1981), citing Gregg v. Georgia, 428 U. S. 153, 183 (1976) (joint opinion) (the Eighth Amendment prohibits all punishment, physical and mental, which is “totally without penological justification”). “Such brutality is the equivalent of torture, and is offensive to any modern standard of human dignity.” United States v. Bai *853 ley, 444 U. S. 394, 423 (1980) (Blackmun, J., dissenting). The horrors experienced by many young inmates, particularly those who, like petitioner, are convicted of nonviolent offenses, border on the unimaginable. Prison rape not only threatens the lives of those who fall prey to their aggressors, but is potentially devastating to the human spirit. Shame, depression, and a shattering loss of self-esteem accompany the perpetual terror the victim thereafter must endure. See Note, Rape in Prison and AIDS: A Challenge for the Eighth Amendment Framework of Wilson v. Seiter, 44 Stan. L. Rev. 1541 , 1545 (1992). Unable to fend for himself without the protection of prison officials, the victim finds himself at the mercy of larger, stronger, and ruthless inmates. Although formally sentenced to a term of incarceration, many inmates discover that their punishment, even for nonviolent offenses like credit card fraud or tax evasion, degenerates into a reign of terror unmitigated by the protection supposedly afforded by prison officials. *
The fact that our prisons are badly overcrowded and understaffed may well explain many of the shortcomings of our penal systems. But our Constitution sets minimal standards governing the administration of punishment in this country, see Rhodes, 452 U. S., at 347 , and thus it is no answer to the complaints of the brutalized inmate that the re *854 sources are unavailable to protect him from what, in reality, is nothing less than torture. I stated in dissent in United States v. Bailey:
“It is society’s responsibility to protect the life and health of its prisoners. ‘[W]hen a sheriff or a marshall [sic] takes a man from the courthouse in a prison van and transports him to confinement for two or three or ten years, this is our act. We have tolled the bell for him. And whether we like it or not, we have made him our collective responsibility. We are free to do something about him; he is not’ (emphasis in original). Address by The Chief Justice, 25 Record of the Assn, of the Bar of the City of New York 14, 17 (Mar. 1970 Supp.).” 444 U. S., at 423 .
The Court in Wilson v. Seiter, 501 U. S. 294 (1991), held that any pain and suffering endured by a prisoner that is not formally a part of his sentence — no matter how severe or unnecessary — will not be held violative of the Cruel and Unusual Punishments Clause unless the prisoner establishes that some prison official intended the harm. The Court justified this remarkable conclusion by asserting that only pain that is intended by a state actor to be punishment is punishment. See id., at 300 (“The source of the intent requirement is not the predilections of this Court, but the Eighth Amendment itself, which bans only cruel and unusual punishment. If the pain inflicted is not formally meted out as punishment by the statute or the sentencing judge, some mental element must be attributed to the inflicting officer before it can qualify”) (emphasis in original).
The Court’s analysis is fundamentally misguided; indeed it defies common sense. “Punishment” does not necessarily imply a culpable state of mind on the part of an identifiable punisher. A prisoner may experience punishment when he suffers “severe, rough, or disastrous treatment,” see, e.g., Webster’s Third New International Dictionary 1843 (1961), *855 regardless of whether a state actor intended the cruel treatment to chastise or deter. See also Webster’s New International Dictionary of the English Language 1736 (1923) (defining punishment as “[a]ny pain, suffering, or loss inflicted on or suffered by a person because of a crime or evil-doing”) (emphasis added); cf. Wilson, 501 U. S., at 300 , citing Duck-worth v. Franzen, 780 F. 2d 645, 652 (CA7 1985) (“‘The infliction of punishment is a deliberate act intended to chastise or deter’ ”), cert, denied, 479 U. S. 816 (1986).
The Court’s unduly narrow definition of punishment blinds it to the reality of prison life. Consider, for example, a situation in which one individual is sentenced to a period of confinement at a relatively safe, well-managed prison, complete with tennis courts and cable television, while another is sentenced to a prison characterized by rampant violence and terror. Under such circumstances, it is natural to say that the latter individual was subjected to a more extreme punishment. It matters little that the sentencing judge did not specify to which prison the individuals would be sent; nor is it relevant that the prison officials did not intend either individual to suffer any attack. The conditions of confinement, whatever the reason for them, resulted in differing punishment for the two convicts.
Wilson’s myopic focus on the intentions of prison officials is also mistaken. Where a legislature refuses to fund a prison adequately, the resulting barbaric conditions should not be immune from constitutional scrutiny simply because no prison official acted culpably. Wilson failed to recognize that “state-sanctioned punishment consists not so much of specific acts attributable to individual state officials, but more of a cumulative agglomeration of action (and inaction) on an institutional level.” The Supreme Court — Leading Cases, 105 Harv. L. Rev. 177 , 243 (1991). The responsibility for subminimal conditions in any prison inevitably is diffuse, and often borne, at least in part, by the legislature. Yet, regardless of what state actor or institution caused the harm *856 and with what intent, the experience of the inmate is the same. A punishment is simply no less cruel or unusual because its harm is unintended. In view of this obvious fact, there is no reason to believe that, in adopting the Eighth Amendment, the Framers intended to prohibit cruel and unusual punishments only when they were inflicted intentionally. As Judge Noonan has observed:
“The Framers were familiar from their wartime experience of British prisons with the kind of cruel punishment administered by a warden with the mentality of a Captain Bligh. But they were also familiar with the cruelty that came from bureaucratic indifference to the conditions of confinement. The Framers understood that cruel and unusual punishment can be administered by the failure of those in charge to give heed to the impact of their actions on those within their care.” Jordan v. Gardner, 986 F. 2d 1521,1544 (CA9 1993) (concurring opinion) (citations omitted) (emphasis added).
Before Wilson , it was assumed, if not established, that the conditions of confinement are themselves part of the punishment, even if not specifically “meted out” by a statute or judge. See Wilson, 501 U. S., 306 -309 (White, J., concurring in judgment), citing Hutto v. Finney, 437 U. S. 678 (1978); Rhodes v. Chapman, 452 U. S. 337 (1981). We examined only the objective severity of the conditions of confinement in the pre-Wilson cases, not the subjective intent of government officials, as we found that “[a]n express intent to inflict unnecessary pain is not required, . . . and harsh ‘conditions of confinement’ may constitute cruel and unusual punishment unless such conditions ‘are part of the penalty that criminal offenders pay for their offenses against society.’” Whitley v. Albers, 475 U. S. 312, 319 (1986), quoting Rhodes, 452 U. S., at 347 (emphasis added). This initial approach, which employed an objective standard to chart the boundaries of the Eighth Amendment, reflected the practical real *857 ity that “intent simply is not very meaningful when considering a challenge to an institution, such as a prison system,” Wilson, 501 U. S., at 310 (White, J., concurring in judgment). It also, however, demonstrated a commitment to the principles underlying the Eighth Amendment. The Cruel and Unusual Punishments Clause was not adopted to protect prison officials with arguably benign intentions from lawsuits. The Eighth Amendment guarantees each prisoner that reasonable measures will be taken to ensure his safety. Where a prisoner can prove that no such reasonable steps were taken and, as a result, he experienced severe pain or suffering without any penological justification, the Eighth Amendment is violated regardless of whether there is an easily identifiable wrongdoer with poor intentions.
II
Though I believe Wilson v. Seiter should be overruled, and disagree with the Court’s reliance upon that case in defining the “deliberate indifference” standard, I nonetheless join the Court’s opinion. Petitioner never challenged this Court’s holding in Wilson or sought reconsideration of the theory upon which that decision is based. More importantly, the Court’s opinion does not extend Wilson beyond its ill-conceived boundaries or erect any new obstacles for prison inmates to overcome in seeking to remedy cruel and unusual conditions of confinement. The Court specifically recognizes that “[h]aving incarcerated ‘persons [with] demonstrated proclivities for criminally antisocial and, in many cases, violent conduct,’ [and] having stripped them of virtually every means of self-protection and foreclosed their access to outside aid, the government and its officials are not free to let the state of nature take its course.” Ante, at 833. The Court further acknowledges that prison rape is not constitutionally tolerable, see ante, at 834 (“Being violently assaulted in prison is simply not ‘part of the penalty that criminal offenders pay for their offenses against society’ ”), and it *858 clearly states that prisoners can obtain relief before being victimized, see ante, at 845 (“[A] subjective approach to deliberate indifference does not require a prisoner seeking ‘a remedy for unsafe conditions [to] await a tragic event [such as an] actua[l] assaul[t] before obtaining relief’”). Finally, under the Court’s holding, prison officials may be held liable for failure to remedy a risk of harm so obvious and substantial that the prison officials must have known about it, see ante, at 842-843. The opinion’s clear message is that prison officials must fulfill their affirmative duty under the Constitution to prevent inmate assault, including prison rape, or otherwise face a serious risk of being held liable for damages, see ante, at 842-844, or being required by a court to rectify the hazardous conditions, see ante, at 845-847. As much as is possible within the constraints of Wilson v. Seiter , the Court seeks to ensure that the conditions in our Nation’s prisons in fact comport with the “contemporary standard of decency” required by the Eighth Amendment. See DeShaney v. Winnebago County Dept, of Social Servs., 489 U. S. 189, 198-200 (1989). Short of overruling Wilson v. Seiter , the Court could do no better.
Numerous court opinions document the pervasive violence among inmates in our state and federal prisons. See, e. g., United States v. Bailey, 444 U. S. 394,421 (1980) (Blackmun, J., dissenting); McGill v. Duckworth, 944 F. 2d 344, 348 (CA7 1991), cert. denied, 503 U. S. 907 (1992); Redman v. County of San Diego, 942 F. 2d 1435 (CA9 1991) (en banc), cert. denied, 502 U. S. 1074 (1992); Hassine v. Jeffes, 846 F. 2d 169, 172 (CA3 1988); Alberti v. Klevenhagen, 790 F. 2d 1220, 1222 (CA5), clarified, 799 F. 2d 992 (CA5 1986); Jones v. Diamond, 636 F. 2d 1364, 1372 (CA5 1981), overruled on other grounds, 790 F. 2d 1174 (CA5 1986); Withers v. Levine, 615 F. 2d 158 , 161 (CA4), cert. denied, 449 U. S. 849 (1980); Little v. Walker, 552 F. 2d 193, 194 (CA71977), cert. denied, 435 U. S. 932 (1978); Holt v. Sarver, 442 F. 2d 304,308 (CA8 1971), later proceeding sub nom. Hutto v. Finney, 437 U. S. 678 (1978).