Force during arrest or investigatory stop is analyzed under the Fourth Amendment for objective reasonableness. Force against pretrial detainees is analyzed under the Fourteenth Amendment, and against convicted prisoners under the Eighth.

The applicable standard depends on the plaintiff's status.

Alternative Names:

Excessive Force Claim|Use of Force Claim

Why it Matters?

Plaintiff status determines the governing standard, and misidentifying it produces the wrong analysis entirely, since the Fourth Amendment objective standard differs from the Fourteenth Amendment standard for detainees articulated in Kingsley and from the Eighth Amendment malicious and sadistic standard for prisoners. Establishing status at the moment of the incident is the first analytical step and frequently resolves which framework applies.

Frequently Confused with

Related terms

Frequently asked questions

What determines the governing standard?

What determines the governing standard?

The plaintiff's status, since arrestees, pretrial detainees, and convicted prisoners are analyzed under different amendments.

What is the first analytical step?

What is the first analytical step?

Establishing status at the moment of the incident, which frequently resolves which framework applies.