What is the test for alleging unlawful arrest, unreasonable search and seizure, or use of excessive force under the Eighth Amendment?
MultiRegion, United States of America
The following excerpt is from Demarest v. City of Vallejo, No. 2:16-cv-2271-GEB-KJN PS (E.D. Cal. 2017):
As an initial matter, a claim for unlawful arrest, unreasonable search and seizure, or use of excessive force falls under the Fourth Amendment, not the Eighth Amendment. See Cty. of Sacramento v. Lewis, 523 U.S. 833, 849 (1998). Accordingly, to the extent plaintiff premises his Eighth Amendment claims against defendants based on his arrest and pretrial detention, such claims are not cognizable as a matter of law.
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