Ohio Jury Instruction - 2.2.4.1 Pretrial Detainee Alleging Excessive Force
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FAQ
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. Connor, 490 U.S. 386, 395 n.
' 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. '
The U.S. Supreme Court has held that pretrial detention can violate the Fourth Amendment even if a judge has found probable cause for the detention. It's illegal for the police to hold you for a crime they know you didn't commit.
The Due Process Clause prohibits all "punishment" of pretrial de- tainees-individuals that are held by the Government, but not adjudged guilty of any crime. The Eighth Amendment only prohibits the infliction of "cruel and unusual punishments" upon convicted in- dividuals.
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.
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.
Eighth Amendment does not protect pretrial detainees, however, because they have not been adjudged guilty of any crime.