Are excessive force claims brought by pretrial detainees analyzed under the Fourteenth Amendment or the Eighth Amendment?
MultiRegion, United States of America
The following excerpt is from Quiroga v. Cooper, 1:17-cv-00004-DAD-EPG (E.D. Cal. 2017):
Excessive force claims brought by pretrial detainees are analyzed under the Due Process Clause of the Fourteenth Amendment rather than under the Cruel and Unusual Punishments Clause of the Eighth Amendment. Oregon Advocacy Center v. Mink, 322 F.3d 1101, 1120 (9th Cir. 2003). However, the same Eighth Amendment standards apply in setting the minimum standard of care due pretrial detainees. Id. at 1120.
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