[Poohbah]

A civil case, however, we don't have government action. The case is wholly outside the scope of the government, since the judiciary, in theory, is only a neutral arbitrator. The jury imposes the fine, and the jury is not an agent of the government.

Wrong. The jury IS an agent of the government; they are paid by the government, and their decision is backed up by the force of the government.

[Viva Le Dissention]

Because the government enforces the decision of the jury doesn't mean that they are an agent of the government, sorry to tell you.

They are citizens, no more, no less. The Government is not a party to such a lawsuit and has no interest in its outcome. The citizens of the State of Utah have cast judgment against the actions of the company, under the laws of Utah, and that decision is enforced by the laws of Utah. Today's Supreme Court decision undercuts the sovereignty of both state law and the jury system.

Again, the Court did not rely on the 8th Amendment, and the petitioners did not argue there was an 8th Amendment prohibition, since it simply doesn't apply here.