police4aqi

Police, The Fourth Amendment, Qualified Immunity

Kingsley v. Hendrickson, Supreme Court, 22 June 2015

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Justice Alito points out that it is not clear pre-trial detainees have 4A rights in this dissent:

I would dismiss this case as improvidently granted. Before deciding what a pretrial detainee must show in order to prevail on a due process excessive force claim, we should decide whether a pretrial detainee can bring a Fourth Amendment claim based on the use of excessive force by a detention facility employee. We have not yet decided that question. See Graham v. Connor, 490 U. S. 386, 395, n. 10 (1989). If a pretrial detainee can bring such a claim, we need not and should not rely on substantive due process. See Albright v. Oliver, 510 U. S. 266, 273 (1994) (plurality opinion); Graham, 490 U. S., at 395. It is settled that the test for an unreasonable seizure under the Fourth Amendment is objective, see id., at 397, so if a pretrial detainee can bring such a claim, it apparently would be indistinguishable from the substantive due process claim that the Court discusses.

I would not decide the due process issue presented in this case until the availability of a Fourth Amendment claim is settled, and I would therefore dismiss this case as improvidently granted.

Written by Burgers Allday

June 27, 2015 at 12:48 pm

Posted in Uncategorized

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