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
The following excerpt is from Ramos v. Tulare Cnty. Sheriff's Dep't, Case No. 1:18-cv-00065-JLT (PC) (E.D. Cal. 2018):
"While a pretrial detainee's right to be free from punishment is grounded in the Due Process Clause, courts borrow from Eighth Amendment jurisprudence when analyzing the rights of pretrial detainees." Pierce v. Cty. of Orange, 526 F.3d 1190, 1205 (9th Cir. 2008).
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