The amendment supports procedural due process, substantive due process, and equal protection claims. It also governs excessive force against pretrial detainees and conditions of confinement before conviction.
The applicable theory determines the standard.
Alternative Names:
Due Process Claim|Fourteenth Amendment Violation
Why it Matters?
Pretrial detainee claims fall under this amendment rather than the Eighth, and Kingsley established an objective standard for detainee force claims that is more favorable to plaintiffs than the subjective Eighth Amendment standard. That distinction makes detainee status significant in correctional facility litigation. Procedural and substantive due process theories also require different analysis and are frequently pleaded together without differentiation.
Frequently Confused with
Related terms
Frequently asked questions
Why does detainee status matter?
What distinguishes the due process theories?
