Pre-trial detention may amount to a due process violation based on conditions of confinement and legitimate governmental objective.

The Third Circuit held that the plaintiff’s claim that his pre-trial confinement constituted “punishment” in contravention of the Due Process Clause was improperly dismissed by the District Court sua sponte. The court held that the pro se plaintiff properly pled a claim that his pre-trial detention in a small cell with another detainee for 23 hours per day may constitute “punishment.” The defendant must now establish that his confinement was reasonably related to a legitimate governmental objective, such as ensuring security and order at the institution, to defeat such a claim.

Case Law Alerts, 3rd Quarter 2013