Does the Eighth Amendment have to be applied to a pretrial detainee?

MultiRegion, United States of America

The following excerpt is from Arroyo v. Schaefer, 548 F.2d 47 (2nd Cir. 1977):

While the Eighth Amendment may not, strictly speaking, be applicable to pretrial detainees, as Judge Friendly noted in Johnson v. Glick, 481 F.2d 1028 (2d Cir.), cert. denied, 414 U.S. 1033, 94 S.Ct. 462, 38 L.Ed.2d 32 (1973), due process requires no more in this context. ³

"The most advanced legal research software ever built."

Try it today free of charge!

The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.

Other Questions

Does the Fourteenth and Eighth Amendments apply to pretrial detainees? (MultiRegion, United States of America)

How have courts applied the Eighth Amendment to a claim made by a civil detainee under the Fourteenth Amendment? (MultiRegion, United States of America)

What is the legal test for applying the Eighth Amendment standard to a claim made by a civil detainee under the Fourteenth Amendment? (MultiRegion, United States of America)

Are excessive force claims brought by pretrial detainees analyzed under the Fourteenth Amendment or the Eighth Amendment? (MultiRegion, United States of America)

Is a pretrial detainee's right to be free from punishment grounded in the Due Process Clause or in the Eighth Amendment? (MultiRegion, United States of America)

Does the Eighth Amendment require a minimum standard of medical care for pretrial detainees? (MultiRegion, United States of America)

What is the difference between treating a civil detainee under the 14th Amendment and a criminal convict under the Eighth Amendment? (MultiRegion, United States of America)

What is the test for a violation of the Eighth Amendment when there are not enough "necessities" to constitute an Eighth Amendment violation? (MultiRegion, United States of America)

What is the current state of the law on pretrial detainees' rights under the Eighth Amendment? (MultiRegion, United States of America)

What is the effect of an order requiring a plaintiff to amend or amend a claim in a motion to amend? (MultiRegion, United States of America)

Does the Eighth Amendment have to be applied to a pretrial detainee?

While the Eighth Amendment may not, strictly speaking, be applicable to pretrial detainees, as Judge Friendly noted in Johnson v. Glick, 481 F.2d 1028 (2d Cir.), cert. denied, 414 U.S. 1033, 94 S.Ct. 462, 38 L.Ed.2d 32 (1973), due process requires no more in this context. ³

"The most advanced legal research software ever built."

Other Questions

Trusted by top litigators from across North America.

Company

Product

Resources

Does the Eighth Amendment have to be applied to a pretrial detainee?

While the Eighth Amendment may not, strictly speaking, be applicable to pretrial detainees, as Judge Friendly noted in Johnson v. Glick, 481 F.2d 1028 (2d Cir.), cert. denied, 414 U.S. 1033, 94 S.Ct. 462, 38 L.Ed.2d 32 (1973), due process requires no more in this context. 3

"The most advanced legal research software ever built."

Other Questions

Trusted by top litigators from across North America.

Company

Product

Resources

While the Eighth Amendment may not, strictly speaking, be applicable to pretrial detainees, as Judge Friendly noted in Johnson v. Glick, 481 F.2d 1028 (2d Cir.), cert. denied, 414 U.S. 1033, 94 S.Ct. 462, 38 L.Ed.2d 32 (1973), due process requires no more in this context. ³