Last term the U.S. Supreme Court rendered an important decision concerning the constitutional right of pretrial detainees against excessive force. In Kingsley v. Hendrickson1 the court held, 5-4, that pretrial detainee due process excessive force claims against jail officers are governed by an objective reasonableness standard. Justice Stephen Breyer wrote the opinion for the court, joined by Justices Anthony Kennedy, Ruth Bader Ginsburg, Sonia Sotomayor and Elena Kagan.
Justice Antonin Scalia dissented, joined by Chief Justice John Roberts and Justice Clarence Thomas. The dissenters favored a subjective “intent to violate the law” standard.2 As is so often the case, the justices divided along liberal-conservative lines, with Kennedy casting the decisive vote.
Detainees and Arrestees
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