This article will examine the development of the standard for eighth amendment review used in cases challenging the conditions of confinement before and after Wilson. It will begin with a examination of the interpretations of the cruel and unusual punishment clause in the Supreme Court. This article will then analyze the objective standard for eighth amendment review as applied by the Ninth Circuit Court of Appeals in prison condition cases. After an analysis of the subjective standard for eighth amendment review established in Wilson v. Seiter, the article will survey how the Ninth Circuit and other circuits have applied this new standard.
Prison Law - Before and After Wilson v. Seiter: Cases Challenging the Conditions of Confinement in the Ninth Circuit, 22 Golden Gate U. L. Rev.