Does the fourteenth amendment due process clause apply to pretrial detainees cases?

California, United States of America


The following excerpt is from Day v. Cnty. of Sacramento, C082490 (Cal. App. 2017):

1. "The fourteenth amendment due process clause applies to pretrial detainee cases and not the eighth amendment. [Citation.] However, the fourteenth amendment due process rights of pretrial detainees are analogized to those of prisoners under the eighth amendment." (Cabrales v. County of Los Angeles (9th Cir. 1988) 864 F.2d 1454, 1461, fn. 2.)

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