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Medley v. North Carolina Department of Correction1/31/1992
mit the Eighth Amendment's prohibition to punishments that are both cruel and unusual. See Stanford v. Kentucky, 492 U.S. 361, 378, 106 L. Ed. 2d 306, 323, reh'g denied, 492 U.S. 937, 106 L. Ed. 2d 635 (1989). The disjunctive term "or" in the State Constitution expresses a prohibition on punishments more inclusive than the Eighth Amendment. It therefore follows that if the Cruel and Unusual Punishment clause of the federal Constitution requires states to provide adequate medical care for state inmates, the Cruel or Unusual Punishment clause of the North Carolina Constitution imposes at least this same duty, if not a greater duty.
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