What is the current state of the law on pretrial detainees' rights under the Eighth Amendment?
MultiRegion, United States of America
The following excerpt is from Smith v. Merced Sheriff's Dept, 1:14cv01419 DLB PC (E.D. Cal. 2015):
Plaintiff appears to have been a pretrial detainee at the time of the events at issue. Although the rights of pretrial detainees are analyzed under the Due Process Clause rather than the Eighth Amendment, the same standards apply. Frost v. Agnos, 152 F.3d 1124, 1128 (9th Cir. 1998).
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