Oklahoma Jury Instruction - 2.2.4.1 Pretrial Detainee Alleging Excessive Force

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US-11CF-2-2-4-1
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This form contains sample jury instructions, to be used across the United States. These questions are to be used only as a model, and should be altered to more perfectly fit your own cause of action needs.

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FAQ

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 Fourteenth Amendment provides pretrial detainees with the right to be protected from attack by other inmates while they are incarcerated, but before they have been convicted of a crime.

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. Amend. XIV.

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.

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.

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Oklahoma Jury Instruction - 2.2.4.1 Pretrial Detainee Alleging Excessive Force