De minimus injury to inmate is not conclusive evidence of absence of excessive force

EIGHTH AMENDMENT United States v. Lavallee, No. 03-1515, ___ F.3d ___ (10th Cir. Feb. 28, 2006)(Colorado). Appeal of convictions for conspiracy and deprivation of constitutional rights in violation of 18 U.S.C. § 241 and 242. HELD: In prosecution of correctional officers for conspiracy and deprivation of inmate’s constitutional rights in violation of 18 U.S.C. § 241 and 242, government need not prove that inmate suffered certain level or type of injury to establish that excessive force was used against him in violation of Eighth Amendment’s protection against cruel and unusual punishment. De minimis injury is not conclusive evidence that de minimis force was used against inmate. Read the opinion here.