Louisiana Jury Instruction - 2.2.4.1 Pretrial Detainee Alleging Excessive Force
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FAQ
In the decision released on Monday, the United States Supreme Court held in Kingsley v. Hendrickson[1] that the appropriate standard for deciding a pretrial detainee's excessive force claim is an objective standard.
Excessive force violates the Fourth Amendment of the U.S. Constitution, which forbids unreasonable searches and seizures by law enforcement. Victims of excessive force by police can pursue a Section 1983 claim against the officer and potentially their employer.
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.
' Claims of excessive force during pretrial detention, however, are evaluated under the fourteenth amendment's due process clause. Courts examining claims by pretrial detainees consider whether they were deprived of liberty to an extent that amounts to punishment without due process of law. '
In determining whether the amount of force used against a prisoner violates the Eighth Amendment, a court will look at ?whether force was applied in a good faith effort to maintain or restore discipline,? or whether the force was used ?maliciously and sadistically for the very purpose of causing harm.?
Pretrial Detention Scenario Wolfish, 441 U.S. 520 (1979). 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.
Eighth Amendment does not protect pretrial detainees, however, because they have not been adjudged guilty of any crime.