Is there any case law where conduct that would violate the Fourteenth and Eighth Amendment rights of a civil detainee by definition, as well as those of a criminal convict?
MultiRegion, United States of America
The following excerpt is from Banks v. Ahlin, CASE NO. 1:15-cv-00605-AWI-MJS (PC) (E.D. Cal. 2015):
Smith v. Solano Cty., 2013 WL 3930730, *4 (E.D. Cal. July 29, 2013) (citing Hydrick v. Hunter, 466 F.3d 676, 699 (9th Cir. 2006)). "For example, conduct that would violate the Eighth Amendment rights of a criminal convict by definition [a fortiori] also violates the Fourteenth Amendment rights of a civil detainee." Id.
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