U.S. Supreme Court holds that a pretrial detainee raising an excessive force claim need only show that the officer’s use of force was objectively unreasonable.

Michael Kingsley, a pretrial detainee, was warned multiple times during his stay at the Monroe County Jail to remove a piece of paper covering his light fixture in his cell. Kingsley continually refused to remove the paper, and although the stories differ somewhat, everyone agreed that Kingsley was eventually stunned with a Taser for approximately five seconds while he was handcuffed and lying face down. Kingsley filed a § 1983 claim alleging excessive force in violation of the Fourteenth Amendment’s Due Process Clause. However, a jury found in favor of the officers. Kingsley appealed, arguing that the incorrect standard had been applied and, as such, the jury had been given an erroneous instruction. In a 5-4 decision with two dissenting opinions, the U.S. Supreme Court sided with Kingsley, holding that “ [i]n short, we agree with the dissenting appeals court judge, the Seventh Circuit’s jury instruction committee, and Kingsley, that a pretrial detainee must show only that the force purposely or knowingly used against him was objectively unreasonable.” This decision is curious as it leads to the result of applying an objective standard for pretrial detainees and a subjective standard for those who have been tried and convicted, although the most likely result is an eventual determination that the objective standard is appropriate in both contexts.

_{Case Law Alerts, 4^th Quarter, October 2015}

_{Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Copyright © 2015 Marshall Dennehey Warner Coleman & Goggin, all rights reserved. This article may not be reprinted without the express written permission of our firm.}