What is the current state of the law on substantive due process rights of pretrial detainees?
MultiRegion, United States of America
The following excerpt is from U.S. v. Howard, 429 F.3d 843 (9th Cir. 2005):
Cases addressing the substantive due process rights of pretrial detainees typically involve challenges to prison policies. See, e.g., id. Courts ordinarily defer to the expert judgments and professional expertise of corrections officials. Id. at 547-48, 99 S.Ct. 1861. Corrections officials must produce at least some evidence that their policies are based on legitimate penological justifications. Swift v. Lewis, 901 F.2d 730, 733 (9th Cir.1990).
"The most advanced legal research software ever built."
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
What is the current state of the law in relation to due process rights of pretrial detainees? (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 current state of the law on a substantive due process right? (MultiRegion, United States of America)
Can a plaintiff make a cognizable civil rights claim for a violation of his due process rights based on allegations that prison officials ignored or failed to properly process his grievance? (MultiRegion, United States of America)
Is a pretrial detainee entitled to the same due process rights as a defendant? (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)
What is the current state of the law on mental health care for pretrial detainees? (MultiRegion, United States of America)
What is the current state of the law in Ontario when it comes to determining whether a plaintiff has been denied a right to sue for damages by the Court of Appeal? (MultiRegion, United States of America)
What is a cause of action against a person who acts under color of state law who has violated rights guaranteed by the United States Constitution? (MultiRegion, United States of America)
As a re-adjudication detainee, as a pretrial detainee, what are the implications of this? (MultiRegion, United States of America)
