Did the Ninth Circuit err when it disregarded Petitioner Taum's argument that Hudson v. McMillian was wrongly decided and should be overruled based on Eighth Amendment historical tradition?

1. Did the Ninth Circuit err when it disregarded Petitioner Taum’s argument that Hudson v. McMillian, 503 U.S. 1 (1992) was wrongly decided and should be overruled as the historical tradition of the Eighth Amendment does not protect a prisoner for injuries inflicted by a prison guard and moreover, the facts of this case do not establish that Petitioner engaged in conduct equivalent to “torture” possibly triggering Eighth Amendment protection? iii PARTIES Jonathan Taum is the petitioner. The United States of America is the respondent.