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9.30 Particular Rights-Fourteenth Amendment-Pretrial Detainee's Claim re Conditions of Confinement/Medical Care

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Sample Jury Instructions from the 9th Circuit Federal Court of Appeals. http://www3.ce9.uscourts.gov/jury-instructions/ 9.30 Particular Rights — Fourteenth Amendment – Pretrial Detainee's Claim re Conditions of Confinement/Medical Care is a type of legal claim brought by a pretrial detainee alleging that their constitutional rights have been violated due to inhumane or inadequate conditions of their confinement and/or inadequate medical care. The Fourteenth Amendment of the US Constitution provides due process protection for all persons, including pretrial detainees. In order for a pretrial detainee to make a successful claim, they must demonstrate that the conditions of confinement or lack of medical care amounted to “cruel and unusual punishment” and/or violated their right to due process. Types of 9.30 Particular Rights — Fourteenth Amendment – Pretrial Detainee's Claim re Conditions of Confinement/Medical Care include: -Claims of inadequate or inhumane conditions of confinement, such as overcrowding, lack of access to basic amenities, and sub-par hygiene. —Claims of inadequate medical care, including lack of access to necessary medical treatment, medication, or other forms of medical attention. —Claims of excessive use of force or other forms of abuse by prison staff. —Claims of inadequate mental health treatment or resources.

9.30 Particular Rights — Fourteenth Amendment – Pretrial Detainee's Claim re Conditions of Confinement/Medical Care is a type of legal claim brought by a pretrial detainee alleging that their constitutional rights have been violated due to inhumane or inadequate conditions of their confinement and/or inadequate medical care. The Fourteenth Amendment of the US Constitution provides due process protection for all persons, including pretrial detainees. In order for a pretrial detainee to make a successful claim, they must demonstrate that the conditions of confinement or lack of medical care amounted to “cruel and unusual punishment” and/or violated their right to due process. Types of 9.30 Particular Rights — Fourteenth Amendment – Pretrial Detainee's Claim re Conditions of Confinement/Medical Care include: -Claims of inadequate or inhumane conditions of confinement, such as overcrowding, lack of access to basic amenities, and sub-par hygiene. —Claims of inadequate medical care, including lack of access to necessary medical treatment, medication, or other forms of medical attention. —Claims of excessive use of force or other forms of abuse by prison staff. —Claims of inadequate mental health treatment or resources.

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9.30 Particular Rights-Fourteenth Amendment-Pretrial Detainee's Claim re Conditions of Confinement/Medical Care