Substantive Law in Pretrial Detainee and Prisoner

Substantive Law in Pretrial Detainee and Prisoner
1 / 1
Substantive Law in Pretrial Detainee and Prisoner - slide 1 of 79 Substantive Law in Pretrial Detainee and Prisoner - slide 2 of 79 Substantive Law in Pretrial Detainee and Prisoner - slide 3 of 79 Substantive Law in Pretrial Detainee and Prisoner - slide 4 of 79 Substantive Law in Pretrial Detainee and Prisoner - slide 5 of 79 Substantive Law in Pretrial Detainee and Prisoner - slide 6 of 79 Substantive Law in Pretrial Detainee and Prisoner - slide 7 of 79 Substantive Law in Pretrial Detainee and Prisoner - slide 8 of 79 Substantive Law in Pretrial Detainee and Prisoner - slide 9 of 79 Substantive Law in Pretrial Detainee and Prisoner - slide 10 of 79 Substantive Law in Pretrial Detainee and Prisoner - slide 11 of 79 Substantive Law in Pretrial Detainee and Prisoner - slide 12 of 79 Substantive Law in Pretrial Detainee and Prisoner - slide 13 of 79 Substantive Law in Pretrial Detainee and Prisoner - slide 14 of 79 Substantive Law in Pretrial Detainee and Prisoner - slide 15 of 79 Substantive Law in Pretrial Detainee and Prisoner - slide 16 of 79 Substantive Law in Pretrial Detainee and Prisoner - slide 17 of 79 Substantive Law in Pretrial Detainee and Prisoner - slide 18 of 79 Substantive Law in Pretrial Detainee and Prisoner - slide 19 of 79 Substantive Law in Pretrial Detainee and Prisoner - slide 20 of 79 Substantive Law in Pretrial Detainee and Prisoner - slide 21 of 79 Substantive Law in Pretrial Detainee and Prisoner - slide 22 of 79 Substantive Law in Pretrial Detainee and Prisoner - slide 23 of 79 Substantive Law in Pretrial Detainee and Prisoner - slide 24 of 79 Substantive Law in Pretrial Detainee and Prisoner - slide 25 of 79 Substantive Law in Pretrial Detainee and Prisoner - slide 26 of 79 Substantive Law in Pretrial Detainee and Prisoner - slide 27 of 79 Substantive Law in Pretrial Detainee and Prisoner - slide 28 of 79 Substantive Law in Pretrial Detainee and Prisoner - slide 29 of 79 Substantive Law in Pretrial Detainee and Prisoner - slide 30 of 79 Substantive Law in Pretrial Detainee and Prisoner - slide 31 of 79 Substantive Law in Pretrial Detainee and Prisoner - slide 32 of 79 Substantive Law in Pretrial Detainee and Prisoner - slide 33 of 79 Substantive Law in Pretrial Detainee and Prisoner - slide 34 of 79 Substantive Law in Pretrial Detainee and Prisoner - slide 35 of 79 Substantive Law in Pretrial Detainee and Prisoner - slide 36 of 79 Substantive Law in Pretrial Detainee and Prisoner - slide 37 of 79 Substantive Law in Pretrial Detainee and Prisoner - slide 38 of 79 Substantive Law in Pretrial Detainee and Prisoner - slide 39 of 79 Substantive Law in Pretrial Detainee and Prisoner - slide 40 of 79 Substantive Law in Pretrial Detainee and Prisoner - slide 41 of 79 Substantive Law in Pretrial Detainee and Prisoner - slide 42 of 79 Substantive Law in Pretrial Detainee and Prisoner - slide 43 of 79 Substantive Law in Pretrial Detainee and Prisoner - slide 44 of 79 Substantive Law in Pretrial Detainee and Prisoner - slide 45 of 79 Substantive Law in Pretrial Detainee and Prisoner - slide 46 of 79 Substantive Law in Pretrial Detainee and Prisoner - slide 47 of 79 Substantive Law in Pretrial Detainee and Prisoner - slide 48 of 79 Substantive Law in Pretrial Detainee and Prisoner - slide 49 of 79 Substantive Law in Pretrial Detainee and Prisoner - slide 50 of 79 Substantive Law in Pretrial Detainee and Prisoner - slide 51 of 79 Substantive Law in Pretrial Detainee and Prisoner - slide 52 of 79 Substantive Law in Pretrial Detainee and Prisoner - slide 53 of 79 Substantive Law in Pretrial Detainee and Prisoner - slide 54 of 79 Substantive Law in Pretrial Detainee and Prisoner - slide 55 of 79 Substantive Law in Pretrial Detainee and Prisoner - slide 56 of 79 Substantive Law in Pretrial Detainee and Prisoner - slide 57 of 79 Substantive Law in Pretrial Detainee and Prisoner - slide 58 of 79 Substantive Law in Pretrial Detainee and Prisoner - slide 59 of 79 Substantive Law in Pretrial Detainee and Prisoner - slide 60 of 79 Substantive Law in Pretrial Detainee and Prisoner - slide 61 of 79 Substantive Law in Pretrial Detainee and Prisoner - slide 62 of 79 Substantive Law in Pretrial Detainee and Prisoner - slide 63 of 79 Substantive Law in Pretrial Detainee and Prisoner - slide 64 of 79 Substantive Law in Pretrial Detainee and Prisoner - slide 65 of 79 Substantive Law in Pretrial Detainee and Prisoner - slide 66 of 79 Substantive Law in Pretrial Detainee and Prisoner - slide 67 of 79 Substantive Law in Pretrial Detainee and Prisoner - slide 68 of 79 Substantive Law in Pretrial Detainee and Prisoner - slide 69 of 79 Substantive Law in Pretrial Detainee and Prisoner - slide 70 of 79 Substantive Law in Pretrial Detainee and Prisoner - slide 71 of 79 Substantive Law in Pretrial Detainee and Prisoner - slide 72 of 79 Substantive Law in Pretrial Detainee and Prisoner - slide 73 of 79 Substantive Law in Pretrial Detainee and Prisoner - slide 74 of 79 Substantive Law in Pretrial Detainee and Prisoner - slide 75 of 79 Substantive Law in Pretrial Detainee and Prisoner - slide 76 of 79 Substantive Law in Pretrial Detainee and Prisoner - slide 77 of 79 Substantive Law in Pretrial Detainee and Prisoner - slide 78 of 79 Substantive Law in Pretrial Detainee and Prisoner - slide 79 of 79
Substantive Law in Pretrial Detainee and Prisoner Cases that Survive Summary Judgment Jodie Brown, Supervisory Staff Attorney United States District Court, District of Arizona June 6, 2024 Phoenix June 18, 2024 Tucson Pretrial Detainee

Related Topics

Download this presentation From Below

"Substantive Law in Pretrial Detainee and Prisoner" is the property of its rightful owner. Permission is granted to download and print the materials on this website for personal, non-commercial use only, and to display it on your personal computer provided you do not modify the materials and that you retain all copyright notices contained in the materials. By downloading content from our website, you accept the terms of this agreement.

Presentation Transcript

01
Substantive Law in Pretrial
Detainee and Prisoner Cases
that Survive Summary Judgment



Jodie Brown, Supervisory Staff Attorney
United States District Court, District of Arizona
June 6, 2024 Phoenix
June 18, 2024 Tucson<br>
02
Pretrial Detainee Fourteenth Amendment Claims: Medical Care, Conditions of Confinement, Excessive Force, Failure to Protect, Procedural Due Process
Prisoner Eighth Amendment Claims: Medical Care, Conditions of Confinement, Excessive Force, Failure to Protect/Threat to Safety, Substantive and Procedural Due Process
Religious Exercise Claims: First Amendment and RLUIPA
Access to the Courts
ADA/RA
Federal Prisoners: Bivens and FTCA
Questions Agenda<br>
03
Pretrial Detainee
Fourteenth Amendment Claims A pretrial detainee has a substantive due process right against restrictions that amount to punishment for a criminal offense prior to an adjudication of guilt. Valdez v. Rosenbaum, 302 F.3d 1039, 1045 (9th Cir. 2002); Bell v. Wolfish, 441 U.S. 520, 535 (1979).
“[P]unishment can consist of actions taken with an ‘expressed intent to punishment,’” but in the absence of expressed intent, a plaintiff can “nevertheless prevail by showing that the actions are not ‘rationally related to a legitimate nonpunitive governmental purpose’ or that the actions ‘appear excessive in relation to that purpose.’” Kingsley v. Hendrickson, 576 U.S. 389, 398 (2015) (quoting Bell, 441 U.S. at 538, 561). This is an objective standard. Id.<br>