Wake North Carolina Jury Instruction - 2.2.4.1 Pretrial Detainee Alleging Excessive Force
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FAQ
In 2015, the Supreme Court held in Kingsley v. Hendrickson that 42 U.S.C. § 1983 excessive force claims brought by pretrial detainees against state prison officials are measured by an objective reasonableness standard.
Seizure of Person?Excessive Force In general, a seizure of a person is unreasonable under the Fourth Amendment if a police officer uses excessive force in making a lawful arrest and or in defending himself herself others and or in attempting to stop a fleeing or escaping suspect.
The Fourth Amendment to the United States Constitution prohibits the use of excessive force in the course of an arrest, investigatory stop, or other seizure. Excessive force by a law enforcement officer is force that is objectively unreasonable under the circumstances.
If a law enforcement officer uses force that is beyond what is necessary to bring the situation to a resolution, they have deprived the victim of due process and the protection of the Eighth Amendment.
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.
The Constitution, through the Fourth Amendment, protects people from unreasonable searches and seizures by the government. The Fourth Amendment, however, is not a guarantee against all searches and seizures, but only those that are deemed unreasonable under the law.
Garner and Graham v. Connor, the United States Supreme Court established the constitutional standards for law enforcement use of force on free citizens.
Excessive force violates the Fourth Amendment of the US 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.
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.
Id. (citations omitted). Eighth Amendment does not protect pretrial detainees, however, because they have not been adjudged guilty of any crime.