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Originally Posted by Double Eagle
Lawyers in this thread: Considering the mental anguish and longlasting psychological damage to the kids, does an 8th Amendment challenge of this policy have any chance of success?
Nope. The standard for cruel and unusual punishment is almost nonexistent, and I'm not sure it would apply to noncitizens (it probably does). It may be possible to challenge it as noncompliant with various treaty obligations regarding refugees. The ACLU has filed some suits, but I haven't looked at the specifics.
That said, it's likely worth pleading if one is bringing a suit anyway.
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The cruel and unusual punishment clause also applies to conditions of incarceration. Prison officials may not deprive inmates of “the basic necessities of life, which include reasonably adequate food, clothing, shelter, sanitation, and necessary medical attention.” (Newman v. State of Alabama, 559 F.2d 283 (5th Cir. 1977).) Nor may they “maliciously and sadistically” use force to harm inmates. (Hudson v. McMillian, 503 U.S. 1 (1992).) https://www.nolo.com/legal-encyclope...unishment.html
Last edited by simplicitus; 06-17-2018 at 06:41 PM.