Accordingly, Waters’ attack on the one dollar per day room and board fee does not implicate or establish the basic elements of an Eighth Amendment cruel and unusual punishment claim. (ii) Excessive Fine Assuming, arguendo, that Waters’ complaint includes a claim that the VBCJ’s room and board fee is an unconstitutional fine, this claim also fails. By its plain language, the Excessive Fines Clause of the Eighth Amendment is only violated when a fee is both a “fine” and “excessive.” Id. at 420 (citing United States v. Bajakajian, 524 U.S. 321, 118 S.Ct. 2028, 141 L.Ed.2d 314 (1998)). In this context, the term “fine” refers to punishment for a criminal offense. Browning-Ferris Industries of Vt., Inc. v. Kelco Disposal Inc., 492 U.S. 257, 265, 109 S.Ct. 2909, 106 L.Ed.2d 219 (1989) (<HOLDING>); see also Thomas v. Commissioner, 62 F.3d 97,
holding that the fines imposed by the challenged city ordinances are not excessive even if the excessive fines clause is applicable holding that forfeitures may violate the eighth amendment excessive fines clause holding that excessive fines clause does not apply to civiljury award of punitive fines holding that excessive fines clause of eighth amendment does not apply to punitive damage awards between private parties holding that punitive damages are not fines