Does plaintiff have a claim under the Eighth Amendment?
MultiRegion, United States of America
The following excerpt is from Gray-Garrigus v. Shasta Cnty. Jail, 2:21-cv-00706-JDP (PC) (E.D. Cal. 2021):
[1] It appears that plaintiff was, at the time, a pre-trial detainee. If that is the case, his claim falls under the Fourteenth Amendment rather than the Eighth. See Gibson v. County of Washoe, Nevada, 290 F.3d 1175, 1187 (9th Cir. 2002).
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