To Prevail on Excessive Force Claim, Pretrial Detainee Must Show That Force Used Was Objectively Unreasonable

In Kingsley v. Hendrickson, published June 22, 2015, the U.S. Supreme Court ruled, 5-4, that a pretrial detainee challenging use of force as excessive under the Due Process clause of the 14th Amendment must prove that the force used was objectively unreasonable under the circumstances.  While the detainee must prove that the defendants intended to use the force they used, the detainee need not prove that the defendants subjectively intended to use unreasonable force against the detainee.  Jury instructions stating that the plaintiff had to prove the defendants acted with reckless disregard of the detainee's rights, suggesting a subjective belief by the defendants, were erroneous.