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 is the first analytical step?





