The following excerpt is from Smith v. Solano Cnty., No. 2:11-cv-142-EFB P (E.D. Cal. 2013):
Although civil detainees must be afforded more considerate treatment under the 14th Amendment than criminal convicts are afforded under the Eighth Amendment, the contours of the Eighth Amendment are better defined and can provide a useful barometer for measuring allegedly unconstitutional conduct. 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 also violates the 14th Amendment rights of a civil detainee. Id.
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