Excessive Force in Pretrail Detention

KINGSLEY v. HENDRICKSON ET AL.

The U.S. Supreme Court ruled that in order for a claim of excessive force made by a pretrial detainee against a corrections officer to prevail under 42 U.S.C. § 1983, it needs to show only that the force used was objectively unreasonable.

The Court rejected the government’s argument that corrections officers could only be held liable if they were subjectively aware that their use of force was unreasonable. The Court ruled that the test is one of objectivity, as an objective test is consistent with precedent and more workable than the subjective test.

The Court stated that an objective test “is consistent with the pattern jury instructions used in several Circuits, and many facilities train officers to interact with detainees as if the officers' conduct is subject to objective reasonableness,” and that “the use of an objective standard adequately protects an officer who acts in good faith, e.g., by acknowledging that judging the reasonableness of the force used from the perspective and with the knowledge of the defendant officer is an appropriate part of the analysis.”

This determination will be made from the perspective of “a reasonable officer on the scene, including what the officer knew at the time.” See Graham v. Connor, 490 U.S. 386 , 396. The determination must also consider the “legitimate interests [stemming from the government’s] need to manage the facility in which the individual is detained.”

http://www2.bloomberglaw.com/public/desktop/document/Kingsley_v_Hendrickson_No_146368_US_June_22_2015_Court_Opinion