Rhode Island

State Supreme Court

  • 5 Republicans, 0 Democrat
  • List chosen by non-partisan committee, selected by governor. All 5 are old and appointed by R govs.

Eighth Amendment Cognate

  • R.I. CONST. Art. I, § 8 (“Excessive bail shall not be required, nor excessive fines imposed, nor cruel punishments inflicted; and all punishments ought to be proportioned to the offense.”). 253 Alessio v. State, 924 A.2d 751 (2007) (no broader than 8A).
  • Ar1s14 (provides protections specifically for pretrial detainees).

Implied Cause of Action

  • Implied cause of action limited to self-executing provisions: Bandoni v. State, 715 A.2d 580, 594–95 (R.I. 1998); Pellegrino v. Rhode Island Ethics Comm’n, 788 A.2d 1119, 1128 (R.I. 2002) (citing Bandoni and arguing that takings clauses “is a self-executing provision of our Constitution that needs no supplemental legislation to create a private cause of action for damages.”) (Flanders, J., concurring).