Tag: Eighth Amendment’s prohibition against cruel and unusual punishment

On July 3, a critical ruling issued in Ashker v. Brown (aka Ashker v. Governor, Docket No. 4:09-cv-09-5796 CW (N.D. Cal.)), the federal class-action lawsuit challenging indefinite solitary confinement in California. The ruling, issued by Presiding Judge Claudia Wilken, granted Plaintiffs’ appeal on a motion challenging the ongoing conditions of extreme isolation endured by many class members.

A federal judge issued a stunning decision July 16, holding that the dysfunctional administration of California’s death penalty violates the Eighth Amendment’s prohibition against cruel and unusual punishment. As Judge Cormac Carney, a Bush appointee, found, systemic delays result in execution of only a “random few (who) will have languished for so long on Death Row that their execution will serve no retributive or deterrent purpose and will be arbitrary.”