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Home > ULR > Vol. 1996 > No. 2

 

Abstract

The Eighth Amendment to the United States Constitution ("Eighth Amendment") states: 'Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted."' Similarly, Article I, section 9 of the Utah Constitution ("Article I, section 9") states: "Excessive bail shall not be required; excessive fines shall not be imposed; nor shall cruel and unusual punishment be inflicted. Persons arrested or imprisoned shall not be treated with unnecessary rigor." The last sentence of Article I, section 9 comprises the only substantial difference between it and the Eighth Amendment. Recently, the Utah Supreme Court ruled on a claim made under the last sentence of Article I, section 9 (the "Unnecessary Rigor Provision") in Bott v. Deland. In Bott, a former inmate at the Utah State Prison brought a civil suit against four corrections officials, claiming that they violated his Article I, section 9 rights by depriving him of medical treatment which resulted in serious injuries. After a jury verdict in the inmate's favor, the corrections officials appealed, arguing that Article I, section 9 did not provide a private right of action, but if it did provide such a right, any claim made under Article I, section 9 should be judged by Eighth Amendment standards. Relying on judicial interpretations of similar provisions in other state constitutions, the Utah Supreme Court devised standards of liability under Article I, section 9. The court ruled that the Unnecessary Rigor Provision is self-executing and that prisoners may recover monetary damages under the provision if the treatment in question is clearly excessive or deficient and unjustified by necessity. However, the court held that these standards apply only to the "conditions of... incarceration."

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