Hudson v. McMillian is a U.S. Supreme court case involving the excessive force resulting in a claim of cruel and unusual punishment under the Eighth Amendment. The court’s decision resulted in the five-pronged Hudson test, also known as PANAM:

(P)erceived threat by correctional officers;
(A)ny and all efforts to de-escalate;
(N)eed for the application of force;
(A)mount of force that was used and;
(M)edical issues, and extent of any injuries, that are used to evaluate cases involving any use of force before trial and after conviction.
The test helps the courts determine whether correctional officers’ actions were reasonable, necessary, and conducted in good faith.

Watch the video scenario and take notes as you watch: CJ in Practice Constitutional Issue: Deprivation of Inmates’ Rights

Write a 1–2 page paper in which you:

Summarize the events of this scenario and the persons involved.
Examine the constitutional amendments related to this situation and whether the rights of the inmates in this scenario were violated. Support your opinion.
Determine whether the incidents pass the five-pronged Hudson test discussed above.
Recommend how the sergeant should respond to the officer’s behavior. Support your response.

Sample Solution

In the case of Hudson v. McMillian, the events involve two inmates, one of whom is being denied access to basic necessities such as food and water by a guard. This violates both the Eighth Amendment prohibiting cruel and unusual punishment, as well as the Fourteenth Amendment guaranteeing due process for all individuals regardless of status or condition. When applying the five-pronged Hudson test, it is clear that this scenario does not pass, as there was no perceived threat from either inmate prior to the guard’s actions; there were no efforts made to de-escalate any situation; an excessive amount of force was used without any reason or justification; medical issues arose as a result of said force; and finally, injuries were sustained not only by one but both inmates involved.