What is the difference between a plaintiff and a prisoner when it comes to the Fourteenth Amendment and the Eighth Amendment?

Because plaintiff was a pretrial detainee at the time the incidents in question took place, the court analyzes his claims under the Fourteenth Amendment instead of under the Eighth Amendment, recognizing that the analyses for both are similar. See Frost v. Agnos, 152 F.3d 1124, 1128 (9th Cir. 1998) ("Pretrial detainees' rights under the Fourteenth Amendment are comparable to prisoners' rights under the Eighth Amendment, [and therefore, the court] applies the same standards.") (brackets added).

A. Right to Personal Security

1. Facts