Kansas Jury Instruction - 2.2.4.1 Pretrial Detainee Alleging Excessive Force
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PATTERN JURY INSTRUCTIONS WHICH PROVIDE A BODY OF BRIEF, UNIFORM INSTRUCTIONS THAT FULLY STATE THE LAW WITHOUT NEEDLESS REPETION ARE PRESENTED; BASIC, SPECIAL, OFFENSE, AND TRIAL INSTRUCTIONS ARE INCLUDED.
Use of force on a pretrial detainee is judged under the Fourteenth Amendment's due process clause, which forbids the government to deprive persons of life, liberty, or property without due process of law. U.S. Const. Amend. XIV.
?Pretrial detention? refers to the time period during which you are incarcerated after being arrested but before your trial. Pretrial detention is only supposed to be used to make sure that you will not flee before trial or pose a danger to other people. It is not supposed to be used to punish or rehabilitate you.
Hendrickson, 576 U.S. 389 (2015), is a United States Supreme Court case in which the Court held in a 5?4 decision that a pretrial detainee must prove only that force used by police is excessive ing to an objective standard, not that a police officer was subjectively aware that the force used was unreasonable.
Under the Eighth Amendment, convicted prisoners have a cause of action when the prison guards' conduct manifests ?deliberate indifference.? In contrast, people on the street who have not yet been arrested for an offense have due process rights, and officers' force used against them must be ?objectively reasonable.? ...
Pretrial detain- ees bring § 1983 claims under the Fourteenth Amendment's Due Process Clause because they are detained but are not yet convicted. Thus, constitutional viola- tions under § 1983 are viewed as an infringement of their due process rights.
The Fourteenth Amendment applies to excessive force claims brought by pretrial detainees. Specifically, the Supreme Court has held, ?It is clear ? that the Due Process Clause protects a pretrial detainee from the use of excessive force that amounts to punishment.? Graham v.