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WHITLEY v. ALBERS

No. 84-1077.

475 U.S. 312 (1986)

106 S.Ct. 1078

89 L.Ed.2d 251

WHITLEY, INDIVIDUALLY AND AS ASSISTANT SUPERINTENDENT, OREGON STATE PENITENTIARY, ET AL. v. ALBERS

Supreme Court of United States.

Decided March 4, 1986

Attorney(s) appearing for the Case

Dave Frohnmayer, Attorney General of Oregon, argued the cause for petitioners. With him on the briefs were William F. Gary, Deputy Attorney General, James E. Mountain, Jr., Solicitor General, Virginia L. Linder, Assistant Solicitor General, and Robert M. Atkinson, Assistant Attorney General.

Gene B. Mechanic, by appointment of the Court, 474 U.S. 809, argued the cause and filed a brief for respondent.*

JUSTICE O'CONNOR delivered the opinion of the Court.

This case requires us to decide what standard governs a prison inmate's claim that prison officials subjected him to cruel and unusual punishment by shooting him during the course of their attempt to quell a prison riot.

I

At the time he was injured, respondent Gerald Albers was confined in cellblock "A" of the Oregon State Penitentiary. Cellblock "A" consists of two tiers of barred cells housing...

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