Kingsley v. Hendrickson
Issues
Does a pretrial detainee need to show that a state actor applied force recklessly and acted with reckless disregard for his or her rights?
In this case, the Supreme Court will decide whether a pretrial detainee’s § 1983 excessive force claim requires a showing that the force used by the state actor was objectively unreasonable and that the use of force was deliberate. Petitioner, Michael Kingsley, argues that an excessive force claim brought by a pretrial detainee requires only a showing that the force used was objectively unreasonable. Respondents, represented by Stan Hendrickson, argue that an excessive force claim brought by a pretrial detainee requires a showing of the state actor’s subjective intent to be reckless or deliberate. The Court’s decision will impact the means by which pretrial detainees bring excessive-force claims and the policies that govern prisons.
Questions as Framed for the Court by the Parties
Whether the requirements of a 42 U.S.C. § 1983 excessive force claim are satisfied per se by a showing that the state actor deliberately used force against the pretrial detainee and the use of force was objectively unreasonable.
On May 20, 2010, a deputy performing a cell check ordered Michael Kingsley, a pretrial detainee at Monroe County Jail, to take down a piece of paper covering the light above his cell bed. Kingsley v. Hendrickson, 744 F.3d 443, 445 (7th Cir. 2013). Kingsley refused to do so.
Edited by
Additional Resources
- Lisa Soronen: High Court to Examine Use of “Excessive Force”, County News (Feb. 23, 2015).