The Punishment of Cruel and Unusual Conditions: Extending the Purely Objective Standard Adopted in Kingsley v. Hendrickson to Claims of Deliberate Indifference

Authors

Samantha M. Davis

Abstract

In 2015, the Supreme Court in Kingsley v. Hendrickson held that a pretrial detainee claiming excessive force on the part of the state must only show that the force used was objectively unreasonable. Prior to the adoption of the purely objective standard, many courts around the country were analyzing such cases through a subjective standard to determine whether the officers subjectively knew that the force used against a pretrial detainee was unreasonable. The absence of this objective standard essentially allowed state officials to use excessive force against pretrial detainees without violating an individual’s Constitutional rights. The Supreme Court reasoned that since it has been well established that pretrial detainees cannot be subjected to any form of punishment because they have not yet been convicted of a crime, the use of the purely objective standard was the proper standard. Currently, the Second, Sixth, Seventh, and Ninth Circuits apply Kingsley’s objective standard to inadequate care claims brought by pretrial detainees, however, the Fifth, Eighth, Tenth, and Eleventh Circuits have declined to extend this standard to such claims. This Note analyzes the Kingsley decision and places a heavy emphasis on the rationale behind the purely objective standard. This Note also analyzes the reasoning behind each circuit’s decision to either extend or decline to extend the Kingsley standard to claims of inadequate care and deliberate indifference. While this Note argues that the creation of certain conditions such as inadequate care or deliberate indifference is a form of punishment, it is sensitive to the possibility that the Kingsley decision could be put in jeopardy if the Supreme Court decides to resolve this circuit split. Given that the Kingsley decision was a 5-4 decision and that the current conservative majority is unafraid to disrupt precedent, the Kingsley standard could potentially be pulled out from underneath the incarceration system. However, the Court has repeatedly denied certiorari on cases that center around extending the Kingsley standard so it is possible that this split may never be resolved which may be for the best.

Recommended Citation

Davis, Samantha M. (2024) "The Punishment of Cruel and Unusual Conditions: Extending the Purely Objective Standard Adopted in Kingsley v. Hendrickson to Claims of Deliberate Indifference," Touro Law Review: Vol. 39: No. 4, Article 11.
Available at: https://digitalcommons.tourolaw.edu/lawreview/vol39/iss4/11