In order to decide whether the conditions of a prison constitute “cruel and unusual” punishment it would first have to be in violation of the Eighth Amendment of the U.S. Constitution which states “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted”. If a prison offers it’s inmates sufficient food, clothing, sanitation, medical care and personal safety then it has met it’s obligations (Allen, Latessa, Potter, 2016). If an officer uses excessive force other than when trying to restore order or causes malicious or excessive harm to an inmate they would be in violation of the eighth amendment . The same holds true if a prison deprives it’s inmates of basic human needs deliberately or knows of a dangerous situation and does nothing to remedy it (CCR, 2010).
