This Note discusses culpability requirements for claims brought by pretrial detainees and convicted prisoners. The initial focus is on deliberate indifference, a culpability requirement formulated under the Cruel and Unusual Punishment Clause but symmetrically applied to claims arising under the Due Process Clause of the Fourteenth Amendment. The Note then shifts to Kingsley v. Hendrickson, a landmark Supreme Court decision that casts doubt on the application of Eighth-Amendment standards to Fourteenth-Amendment claims. Finally, this Note advocates for the application of objective unreasonableness, a different culpability requirement, to claims arising under the Due Process Clause. It does so on the basis that due process is a dynamic concept, independent of the Eighth Amendment’s demands.
Shad M. Brown,
Giving Due Process Its Due: Why Deliberate Indifference Should Be Confined to Claims Arising Under the Cruel and Unusual Punishment Clause,
27 Wash. & Lee J. Civ. Rts. & Soc. Just. 649
Available at: https://scholarlycommons.law.wlu.edu/crsj/vol27/iss2/10