In the 1998 case of Richard M. Cross v. Pelican Bay State Prison et al., inmate Richard M. Cross filed a lawsuit against Pelican Bay State Prison and its officials, alleging that his Eighth Amendment rights were violated due to cruel and unusual punishment inflicted by prison guards who used excessive force against him during an incident in 1994. The court ruled in favor of the defendants, stating that there was no constitutional violation as the use of force was deemed necessary under those circumstances to maintain or restore discipline within the facility. Furthermore, it was found that Mr.Cross failed to provide sufficient evidence proving malicious intent on part of prison officials for causing harm beyond what would be considered reasonable in such situations.

The dissenting opinion in the case of Richard M. Cross v. Pelican Bay State Prison et al., 1998, argued that the majority's decision to dismiss Cross' claims was premature and potentially unjust. The dissent emphasized that while prison officials have a duty to maintain order and security, they must also respect inmates' constitutional rights - including protection from cruel and unusual punishment under the Eighth Amendment. It was noted that allegations of excessive force by guards should be taken seriously and thoroughly investigated before being dismissed outright, as such behavior could constitute a violation of these rights if proven true. Furthermore, it was suggested that dismissing cases like this without proper investigation might discourage other prisoners from coming forward with legitimate complaints about their treatment behind bars.