However, because it is not permissible to punish pretrial detainees, the Eighth Amendment standard, which permits punishment that is not cruel or unusual, should not be used in excessive force cases. Thus, excessive force claims by pretrial detainees should be resolved by use of the reasonableness standard of the Fifth and Fourteenth Amendments due process clauses. This instruction uses the reasonableness standard. Under the Due Process Clause, a pretrial detainee may not be punished prior to conviction. Thus, the use of force must be necessary to some legitimate institutional interest such as safety, security or efficiency, and the force used may not be in excess of that reasonably believed necessary to achieve those goals.
Any injury can be sufficient.
The jury should be instructed on nominal damages, when appropriate. See Model Instruction 4.52, infra . Notes on Use 1 Use this phrase if there are multiple defendants. 2 Describe the claim if plaintiff has more than one claim against this defendant. The conduct indicated by plaintiff's evidence should be described generally.