Does the Due Process Clause apply to the Eighth Amendment protection against cruel and unusual punishment?

MultiRegion, United States of America

The following excerpt is from Quiroga v. Aguilara, CASE NO. 1:15-cv-01202-LJO-MJS (PC) (E.D. Cal. 2016):

protection against cruel and unusual punishment. Gibson v. Cnty. of Washoe, Nev., 290 F.3d 1175, 1187 (9th Cir. 2002). Nonetheless, the Due Process Clause imposes, at a minimum, the same duty imposed by the Eighth Amendment: "persons in custody have the established right to not have officials remain deliberately indifferent to their serious medical needs." Id. at 1187 (citation, internal quotation marks, and brackets omitted). Accordingly, courts evaluating a pretrial detainee's medical care claim routinely rely on decisions applying Eighth Amendment standards for claims of inadequate medical care to convicted prisoners. See, e.g., id.

Other Questions


Does the Eighth Amendment prohibit cruel and unusual punishments that cannot be said to be cruel or unusual under contemporary standards of decency? (MultiRegion, United States of America)
Are conditions of confinement claims under the Fourteenth Amendment or the Cruel and Unusual Punishments Clause of the Eighth Amendment? (MultiRegion, United States of America)
What is the effect of the Cruel and Unusual Punishments Clause in the Eighth Amendment? (MultiRegion, United States of America)
Does the Eighth Amendment protect against cruel and unusual punishment? (MultiRegion, United States of America)
Does the self-incrimination clause in the fifth amendment apply to the states through the fourteenth amendment due process clause? (MultiRegion, United States of America)
What is the subjective requirement for a tortfeasor to be found liable under the Eighth Amendment under the Cruel and Unusual Punishments Clause? (MultiRegion, United States of America)
Does a prison security measure in a maximum security unit violate the cruel and unusual punishment clause of the Eighth Amendment? (MultiRegion, United States of America)
What is the current state of the law in the context of the cruel and unusual punishment clause in the Eighth Amendment? (MultiRegion, United States of America)
What is the test for a violation of the eighth amendment against cruel and unusual punishment for refusing to provide a complete root canal treatment for an incarcerated person? (MultiRegion, United States of America)
What is the case law on cruel and unusual punishment in the context of the Eighth Amendment? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.