Are conditions of confinement claims under the Fourteenth Amendment or the Cruel and Unusual Punishments Clause of the Eighth Amendment?
MultiRegion, United States of America
The following excerpt is from Plunk v. Tulare Cnty., Case No.: 1:15-cv-01820-SAB (PC) (E.D. Cal. 2016):
Conditions of confinement claims brought by pretrial detainees are analyzed under the Due Process Clause of the Fourteenth Amendment rather than under the Cruel and Unusual Punishments Clause of the Eighth Amendment. Oregon Advocacy Center v. Mink, 322 F.3d 1101, 1120 (9th Cir. 2003).
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