South Dakota Jury Instruction — 2.2.4.1 Pretrial Detainee Alleging Excessive Force is a legal instruction provided to jurors in South Dakota when a pretrial detainee asserts a claim of excessive force against a law enforcement officer or any other facility staff. This instruction assists the jury in understanding the applicable legal standards and factors involved in evaluating such allegations. Key points covered in this instruction may include: 1. Definition of Excessive Force: The instruction defines excessive force as the use of force that goes beyond what is reasonably necessary given the circumstances, and which causes unnecessary harm or injury to the pretrial detainee. 2. Constitutional Rights: It emphasizes that pretrial detainees, like all individuals, are protected from excessive force by the United States Constitution, particularly the Eighth Amendment, which prohibits cruel and unusual punishment. 3. Objective Reasonableness: The instruction clarifies that the jury must determine whether the force used against the pretrial detainee was objectively reasonable under the circumstances. Factors to consider may include the threat posed by the detainee, the level of force used, the availability of alternative methods, and any efforts made to de-escalate the situation. 4. Professional Standards: The instruction may refer to professional standards and guidelines that law enforcement officers or facility staff are expected to follow in the use of force situations. These standards can provide additional guidance for the jury when assessing the reasonableness of the force used. 5. Burden of Proof: The instruction outlines the burden of proof, explaining that the pretrial detainee bears the initial burden of presenting evidence to support their claim of excessive force. Once the pretrial detainee satisfies this burden, the burden shifts to the defendant (law enforcement officer or facility staff) to justify the use of force as reasonably necessary. 6. Damages and Compensatory Relief: If the jury finds in favor of the pretrial detainee, the instruction may highlight the type of compensatory damages that may be awarded, such as medical expenses, pain and suffering, emotional distress, and any other applicable losses. It is important to note that South Dakota Jury Instruction — 2.2.4.1 Pretrial Detainee Alleging Excessive Force may have variations or additional instructions depending on the specific circumstances of the case, prevailing legal precedents, and any applicable federal or state laws related to the use of force by law enforcement officers or facility staff.
South Dakota Jury Instruction - 2.2.4.1 Pretrial Detainee Alleging Excessive Force
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FAQ
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 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.
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.
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.
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.