What is the legal test for applying the Eighth Amendment standard to a claim made by a civil detainee under the Fourteenth Amendment?
MultiRegion, United States of America
The following excerpt is from Cranford v. Risley, Case No. 1:15-cv-00949 LJO DLB PC (E.D. Cal. 2016):
The courts have commonly applied Eighth Amendment standards to claims made by civil detainees under the Fourteenth Amendment. See e.g., Frost v. Agnos, 152 F.3d 1124, 1128 (9th Cir.1998) (applying Eighth Amendment standards to evaluate pretrial detainees' Fourteenth Amendment claims).
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