How have courts applied the Eighth Amendment to a claim made by a civil detainee under the Fourteenth Amendment?
MultiRegion, United States of America
The following excerpt is from Cranford v. Risley, Case No. 1:15-cv-00949 DLB PC (E.D. Cal. 2015):
The courts have commonly applied Eighth Amendment standards to claims made by civil detainees under the Fourteenth Amendment. See e.g., Frost v. Agnos, 152 F.3d 1124, 1128 (9th Cir.1998) (applying Eighth Amendment standards to evaluate pretrial detainees' Fourteenth Amendment claims).
Page 3
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the legal test for applying the Eighth Amendment standard to a claim made by a civil detainee under the Fourteenth Amendment? (MultiRegion, United States of America)
Are excessive force claims brought by pretrial detainees analyzed under the Fourteenth Amendment or the Eighth Amendment? (MultiRegion, United States of America)
Does a court of appeal's rejection of an insufficiency of evidence claim under section 21 of the Civil Code of Civil Procedure apply to the federal courts? (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)
Does a claim that the district court erred by dismissing his Eighth Amendment claim because he did not allege that beef liver was nutritionally inadequate? (MultiRegion, United States of America)
Is there a valid Fourth Amendment, Fourteenth and Fourteenth Amendment claim? (MultiRegion, United States of America)
Can a petitioner who has had a full and fair review of his Fourth Amendment claims in state court seek to have those claims reviewed by the federal appeals court? (MultiRegion, United States of America)
Does the Fourteenth and Eighth Amendments apply to pretrial detainees? (MultiRegion, United States of America)
How have courts interpreted the Fourteenth Amendment in the context of the Eighth Amendment? (MultiRegion, United States of America)
If a federal claim is not "adjudicated on the merits" in a state court, if the state court rejects the federal claim, what is the legal test for review of the claim? (MultiRegion, United States of America)
