In Ingraham v. Wright, the US Federal Supreme Court ruled that it had "limited the application of the Eighth Amendment’s cruel and unusual language to criminal punishment".
Can I be subjected to a "cruel and unusual" punishment by the police, as long as it is done outside of a criminal proceeding?
For example, suppose I jaywalk. A police officer catches me.
Suppose the punishment is a result of a bargain. Suppose that me and the police officer agrees that the police officer will give me a slap in the hand, and in return the police officer will not press charges against me. Can we make out such a bargain?
If yes to (1), suppose that after that I change my mind and sue the officer on Eight Amendment grounds. Can the officer defend himself/herself by saying that the punishment doesn't violate the Eight Amendment because this amendment only applies to "criminal punishment" (Ingraham v. Wright) and this was not a "criminal punishment", because it was outside of a criminal proceeding? After all, charges were never pressed and so I was not convicted of any crime
How does the answer to number (1) change if the punishment is imposed against my will?