The Due Process Clause requires the government to provide necessary medical care to detainees, though it does not mandate how the government allocates those costs to medical providers.
A municipality's constitutional duty to provide necessary medical care to a person injured by police during an apprehension does not include a corresponding federal constitutional duty to compensate the medical provider. Although the due process rights of a pretrial detainee are at least as great as the Eighth Amendment protections available to a convicted prisoner, the Constitution only requires that the government ensure the necessary medical care is provided. The specific method by which a governmental entity allocates the cost of that care between itself and the provider is a matter of state law rather than a federal constitutional question.
At page 244 Due process rights of pretrial detainees versus eighth amendment716 citing cases“at least as great as the eighth amendment protections available to a convicted prisoner.”
- Robinson, No. 4:24-cv-00622 (N.D. Okla. Mar. 20, 2026).([T]he State does not acquire the power to punish with which the Eighth Amendment is concerned until after it has secured a formal adjudication of guilt in accordance with due process of law.)
- Jaquez, No. 6:23-cv-00410 (E.D. Okla. Feb. 23, 2026).(the due process rights of a pretrial detainee are at least as great as the Eighth Amendment protections available to a convicted prisoner)
- Bass v. Swartwood, No. 25-503-cv (2d Cir. Dec. 22, 2025).unpublished([B]ecause Slade is a pretrial detainee, not a prisoner, the protections afforded by the Due Process Clause of the Fourteenth Amendment, and not those afforded by the Eighth Amendment, apply.)
- Hamilton (ID 131711) v. Unified Gov't of Kansas City, No. 5:25-cv-03125 (D. Kan. Sept. 24, 2025).(The Due Process Clause . . . require[s] the responsible government or governmental agency to provide medical care to persons . . . who have been injured while being apprehended by the police.)
- Straskowski, Tyler v. McNamara, Christopher, No. 3:25-cv-00067 (W.D. Wis. July 8, 2025).(The State does not acquire the power to punish with which the Eighth Amendment is concerned until after it has secured a formal adjudication of guilt in accordance with due process of law.)
- The Est. of Brian Edward Fisher v. City of Pittsburgh, No. 2:24-cv-01234 (W.D. Pa. May 8, 2025).([S]ubstantive due process rights are invoked by pre-trial detainees and other nonconvicted persons seeking medical care who cannot invoke the Eighth Amendment.)
- Edge v. United States, No. 7:24-cv-01086 (E.D.N.C. Mar. 13, 2025).(Because there had been no formal adjudication of guilt . . . , the Eighth Amendment has no application.)
- Somers v. Local San Diego Cnty. Jail, No. 3:24-cv-02304 (S.D. Cal. Jan. 21, 2025).([D]ue process rights” of an unconvicted person “are at least as 18 great as the Eighth Amendment protections available to a convicted prisoner.)
- Fulk v. Doe, No. 2:24-cv-01964 (W.D. Wash. Dec. 20, 2024).(Eighth Amendment scrutiny is appropriate only after 7 the state has secured a formal adjudication of guilt.)
- Castillo v. United States, No. 3:24-cv-01017 (S.D. Cal. Oct. 11, 2024).(due 24 process rights” of an unconvicted person “are at least as great as the Eighth Amendment 25 protections available to a convicted prisoner.)
Show 237 more citing cases
- Kirton v. Westchester Cnty. Dep't of Corr./Facility/Jail, No. 7:20-cv-10860 (S.D.N.Y. Feb. 27, 2024).(The difference between claims of unconstitutional conditions of confinement under the Eighth Amendment versus the Fourteenth Amendment is the status of the claimant. Whereas the Eighth Amendment governs claims brought…)
- Martinez v. City of New York, No. 1:16-cv-00079 (E.D.N.Y. July 19, 2023). (The Due Process Clause . . . require[s] the responsible government or governmental agency to provide medical care to persons . . . who have been injured while being apprehended by the police.)
- Adm'r Larry Crawford v. Michael A. McDonald, No. 21-0732, 2023 WL 2729675 (W. Va. Mar. 31, 2023).published(It is generally recognized that it is a violation of the Eighth Amendment for prison officials to use mace, tear gas or other chemical agents in quantities greater than necessary or for the sole purpose of infliction o…)
- B.Y.N.G. v. Kelly, No. 6:22-cv-01406 (N.D.N.Y. Feb. 24, 2023).([T]he State does not acquire the power to punish with which the Eighth Amendment is concerned until after it has secured a formal adjudication of guilt in accordance with due process of law.)
- Perry v. State of Colorado, The, No. 1:21-cv-02306 (D. Colo. Feb. 13, 2023).([T]he State does not acquire the power to punish with which the Eighth Amendment is concerned until after it has secured a formal adjudication of guilt[.])
- Lewis v. Delmar, No. 6:21-cv-06738 (W.D.N.Y. Jan. 4, 2023).([T]he State does not acquire the power to punish with which the Eighth Amendment is concerned until after it has secured a formal adjudication of guilt in accordance with due process of law.)
- Breton v. Lake Cnty., No. 9:22-cv-00142 (D. Mont. Dec. 12, 2022). ([T]he due process rights of a person in [a pretrial detainment] situation are at least as great as the Eighth Amendment protections available to a convicted prisoner.)
- Kenlock v. Orange Cnty., No. 7:20-cv-03693 (S.D.N.Y. Sept. 30, 2022). ([T]he State does not acquire the power to punish with which the Eighth Amendment is concerned until after it has secured a formal adjudication of guilt in accordance with due process of law.)
- Erker v. Schmeeckle, No. 1:21-cv-02012 (D. Colo. July 27, 2022).([T]he State does not acquire the power to punish with which the Eighth Amendment is concerned until after it has secured a formal adjudication of guilt[.])
- Stinson v. Saint Vincents Hosp., No. 3:20-cv-00704 (D. Conn. June 6, 2022).(Because there had been no formal adjudication of guilt against Kivlin at the time he required medical care, the Eighth Amendment has no application. The Due Process Clause [of the Fourteenth Amendment], 13 however, doe…)
- Cook v. Sutherland, No. 7:19-cv-02780 (S.D.N.Y. Feb. 25, 2022).([T]he State does not acquire the power to punish with which the Eighth Amendment is concerned until after it has secured a formal adjudication of guilt in accordance with due process of law.)
- Steven Macias v. Bexar Cnty., No. 5:21-cv-00193 (W.D. Tex. Oct. 25, 2021).(due process rights” of an unconvicted person “are at least as great as the Eighth Amendment protections available to a convicted prisoner)
- Manansingh v. United States, No. 2:20-cv-01139, 2021 WL 2080190 (D. Nev. May 24, 2021). ([T]he due process rights of a person in [a pretrial detainment] situation are at least as great as the Eighth Amendment protections available to a convicted prisoner.)
- Brown v. Erie Cnty., No. 1:20-cv-00251 (W.D. Pa. May 18, 2021).(the due process rights of a [pre-trial detainee] are at least as great as the Eighth Amendment protections available to a convicted prisoner)
- Grinnell v. Taylor, No. 2:17-cv-11354 (E.D. Mich. May 3, 2021).(The Eighth Amendment does not apply to pretrial detainees.)
- Perna v. Martinez, No. 1:17-cv-11643, 2021 WL 1210357 (D. Mass. Mar. 31, 2021).([T]he due process rights of a person [detained before a formal adjudication of guilt] are at least as great as the Eighth Amendment protections available to a convicted prisoner)
- Simpson v. Cross, No. 1:20-cv-00196 (E.D. Mo. Mar. 22, 2021).(State does not acquire the power to punish with which the Eighth Amendment is concerned until after it has secured a formal adjudication of guilt)
- Moderwell v. Cuyahoga Cnty., No. 1:19-cv-00613 (N.D. Ohio Aug. 14, 2020).([T]he due process rights of a [pre-trial detainee] are at least as great as the Eighth Amendment protections available to a convicted prisoner.)
- Gayle v. Field Off. Dir. Miami Field Off., No. 1:20-cv-21553 (S.D. Fla. Apr. 30, 2020).([T]he due process rights of a [pretrial detainee] are at least as great as the Eighth Amendment protections available to a convicted prisoner.)
- Smith v. City of Greensboro, No. 1:19-cv-00386, 2020 WL 1452114 (M.D.N.C. Mar. 25, 2020).(The Due Process Clause . . . require[s] the responsible government or governmental agency to provide medical care to persons . . . who have been injured while being apprehended by the police.)
- Carzoglio v. Abrams, No. 7:18-cv-04198 (S.D.N.Y. Feb. 25, 2020).([T]he State does not acquire the power to punish with which the Eighth Amendment is concerned until after it has secured a formal adjudication of guilt in accordance with due process of law.)
- Hamilton v. Westchester Cnty., No. 7:18-cv-08361-NSR (S.D.N.Y. Feb. 24, 2020).([T]he State does not acquire the power to punish with which the Eighth Amendment is concerned until after it has secured a formal adjudication of guilt in accordance with due process of law.)
- Hailey v. Montgomery Cnty. Corr. Facility, No. 2:19-cv-02171 (E.D. Pa. Oct. 29, 2019).({P]retrial detainees are entitled to at least as much protection as convicted prisoners, so the protections of the Eighth Amendment would seem to establish a floor of sorts.)
- Spencer v. Sullivan Cnty. Sheriff Dep't, No. 7:18-cv-00365, 2019 WL 4514011 (S.D.N.Y. Sept. 19, 2019).([The] [p]laintiff claims that the officers subjected him to excessive force in violation of the Eighth Amendment. The Court must dismiss this claim because the Eighth Amendment attaches only after conviction.)
- Hughes v. Three Forks Reg'l Jail, No. 5:19-cv-00033 (E.D. Ky. Sept. 12, 2019).(In fact, the due process rights of a [detainee] . . . are at least as great as the Eighth Amendment protections available to a convicted prisoner. See Bell v. Wolfish, 441 U.S., at 535, n. 16, 545, 99 S. Ct., at 1872,…)
- Smith v. Pines, No. 3:17-cv-00286 (N.D.N.Y. Aug. 22, 2019).(Eighth Amendment scrutiny is appropriate only after the State has complied with constitutional guarantees traditionally associated with criminal prosecutions . . . [T]he State does not acquire the power to punish with…)
- Andrews v. Wayne Cnty., No. 2:17-cv-11684 (E.D. Mich. Aug. 9, 2019).([T]he due process rights of a [pre-trial detainee] are at least as great as the Eighth Amendment protections available to a convicted prisoner.)
- Wright v. Dist. of Columbia, 799 F. Supp. 2d 1 (D.D.C. 2011).published“The Due Process Clause ... require[s] the responsible government or governmental agency to provide medical care to [suspects in police custody] who have been injured while being apprehended by the police.”
- Lewis v. Downey, 581 F.3d 467 (7th Cir. 2009).published([T]he due process rights of a person . . . are at least as great as the Eighth Amendment protections . . . .)
- Phillips v. Roane Cnty TN, No. 07-5407 (6th Cir. July 25, 2008).published ([T]he due process rights of a [pre-trial detainee] are at least as great as the Eighth Amendment protections available to a convicted prisoner.)
- Upham v. Galant, No. 99-2224 (1st Cir. Sept. 27, 2000).unpublished(Although the Eight Amendment does not extend to pretrial detainees . . . the Due Process Clause of the Fourteenth Amendment -2- protects pretrial detainees under the same standard as the Eighth Amendment.)
- Taylor, No. 3:26-cv-00216 (W.D. Ky. Sept. 8, 2026).“eighth amendment scrutiny is appropriate only after the state has secured a formal adjudication of guilt.”
- Derosha, No. 7:25-cv-00004 (W.D. Va. Mar. 30, 2026).
- Lara-Grimaldi v. Cnty. of Putnam, 132 F.4th 614 (2d Cir. 2025).published
- McClendon v. Tibbs, No. 2:23-cv-00709 (S.D. W. Va. June 3, 2025).
- Brown, No. 1:25-cv-00054 (D. Md. Aug. 26, 2026).
- Eric K. Brooks v. D Miller, 78 F.4th 1267 (11th Cir. 2023).published
- Wilbert Glover v. R. Paul, 78 F.4th 1019 (8th Cir. 2023).published
- Clara Cheeks v. Mark Jakob, 80 F.4th 872 (8th Cir. 2023).published
- Charles Short v. J. Hartman, 87 F.4th 593 (4th Cir. 2023).published
- Sara Batton v. Sandusky Cnty., No. 23-3168, 2024 WL 1480522 (6th Cir. Apr. 5, 2024).unpublished
- Ward Kenyon v. Gary Silverman, No. 23-10235 (11th Cir. June 4, 2024).unpublished
- (PC) Conway v. Muva, No. 1:23-cv-00898 (E.D. Cal. Dec. 7, 2023).
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- Longino v. Masters, No. 2:23-cv-00164 (M.D. Fla. Nov. 1, 2023).
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- Helton v. Owens, No. 7:24-cv-00484 (W.D. Va. Sept. 8, 2025).
- Boeh v. Dail, No. 1:23-cv-01020 (D. Md. Sept. 12, 2025).
- Williams v. Cnty. of Cayuga, No. 9:24-cv-01055 (N.D.N.Y. Sept. 12, 2025).
- Bowers v. Benchtold, No. 1:23-cv-00030 (M.D. Pa. Sept. 15, 2025).
- Sannella v. Hillsborough Cnty. Sheriff's Dep't, No. 8:25-cv-00336 (M.D. Fla. Sept. 19, 2025).
- DuClos v. Penaherrer, No. 8:24-cv-00410 (D. Neb. Sept. 22, 2025).
- Cecil v. Novak, No. 7:24-cv-00235 (W.D. Va. Sept. 29, 2025).
- Est. of the Decedent v. Hawthorne, No. 24-40561 (5th Cir. Oct. 1, 2025).unpublished
- Kari Smart v. Strafford Cnty., 2024 DNH 095 (D.N.H. 2024).published
- Cappi S. Thompson v. Zachary J. Howry, 2024 DNH 082 (D.N.H. 2024).published
- Gonzalez, No. 2:24-cv-00083 (N.D. Tex. Sept. 23, 2025).
- Tyler, No. 2:24-cv-05075 (D.S.C. Sept. 29, 2025).
- Leonard, No. 3:25-cv-00842 (S.D. Cal. Nov. 10, 2025).
- Bolden, No. 1:25-cv-01539 (M.D. Pa. Nov. 14, 2025).
- Yvonne M. West v. DeKalb Cnty., No. 24-13197 (11th Cir. Dec. 1, 2025).unpublished
- Patterson, No. 1:23-cv-00614 (M.D.N.C. Dec. 4, 2025).
- Cox, No. 2:25-cv-13332 (E.D. Mich. Dec. 15, 2025).
- Khalil, No. 1:24-cv-04823 (E.D.N.Y. Dec. 15, 2025).
- Alexander v. Taft, No. 24-10663 (5th Cir. Dec. 23, 2025).published
- Reyes, No. 2:25-cv-00626 (E.D.N.Y. Dec. 29, 2025).
- Doss, No. 5:25-cv-00135 (S.D. W. Va. Jan. 15, 2026).
- Dube, No. 8:25-cv-01630 (D.S.C. Jan. 21, 2026).
- Mabry, No. 3:24-cv-00396 (E.D. Va. Mar. 11, 2026).
- Russell v. Scott, 170 F.4th 83 (2d Cir. 2026).published
- Riggs, No. 2:23-cv-02780 (W.D. Tenn. Mar. 31, 2026).
- Andre Nathaniel Jackson v. C/O Nicholas Gard, No. 3:26-cv-00030 (W.D. Wis. Apr. 6, 2026).
- Brown, No. 3:25-cv-03017 (D.S.D. Apr. 21, 2026).
- Maynard, No. 4:25-cv-04168 (D.S.D. May 15, 2026).
- Mountain West Towing v. West Jordan, 2026 UT App 82.published
- Perkins, No. 1:17-cv-03683 (E.D.N.Y. Feb. 25, 2026).
- Wolf, No. 1:24-cv-01797 (M.D. Pa. Mar. 31, 2026).
- Harris, No. 2:24-cv-01121 (D.N.J. Mar. 19, 2026).unpublished
- Hill, No. 1:25-cv-00911 (E.D.N.Y. June 26, 2026).
- Brown, No. 2:25-cv-06781 (E.D. Pa. July 1, 2026).
- Stewart, No. 1:25-cv-00138 (W.D. Pa. July 6, 2026).
- Atiasha Williams v. City of Erie Police Dep't, No. 1:25-cv-00289 (W.D. Pa. July 9, 2026).
- Alley, No. 2:25-cv-00688 (D. Utah July 13, 2026).
- Harrington, No. 6:23-cv-02009 (N.D. Iowa Aug. 14, 2026).
- Korede, No. 3:26-cv-01404 (M.D. Pa. Aug. 20, 2026).
- Brumley, No. 2:25-cv-01485 (W.D. Pa. July 30, 2026).
- Lyons, No. 2:26-cv-02462 (W.D. Wash. Sept. 11, 2026).
- Gonzalez-Lopez, No. 3:23-cv-01278 (D.P.R. Sept. 14, 2026).
- Anderson, No. 3:23-cv-00209 (W.D. Ky. Sept. 25, 2026).
- Pagan, No. 7:22-cv-00001 (E.D.N.C. Sept. 25, 2026).
- Karen Heeter v. Kenneth Bowers, 99 F.4th 900 (6th Cir. 2024).published
- Miles v. Williams, No. 1:23-cv-05490 (E.D.N.Y. Mar. 15, 2025).unpublished
- Lugo v. City of New York, No. 1:19-cv-06086 (S.D.N.Y. July 16, 2025).
- Feltman v. Eur., No. 1:18-cv-03113, 2019 WL 6215445 (D. Colo. Nov. 21, 2019).“The Due Process Clause . . . does require the responsible government or government agency to provide medical care to persons . . . who have been injured while being apprehended by the police.”
- Sharon Meier v. Cnty. of Presque Isle, 376 F. App'x 524 (6th Cir. 2010).unpublished“[T]he due process rights of a [pre-trial detainee] are at least as great as the Eighth Amendment protections available to a convicted prisoner.”
- Powers v. Cnty. of Lorain, 259 F. App'x 818 (6th Cir. 2008).unpublished“[T]he due process rights of a [pre-trial detainee] are at least as great as the Eighth Amendment protections available to a convicted prisoner.”
- Hargraves v. Dist. of Columbia, 134 F. Supp. 3d 68 (D.D.C. 2015).published“The Due Process Clause [] does require the responsible government or governmental agency to provide medical care to persons [ ] who have been injured while being apprehended by the police.”
- Phillips v. Roane Cnty., Tenn., 534 F.3d 531 (6th Cir. 2008).published“[T]he due process rights of a [pre-trial detainee] are at least as great as the Eighth Amendment protections available to a convicted prisoner.”
- Thompson v. Pallito, 949 F. Supp. 2d 558 (D. Vt. 2013).published“the due process rights of a [pretrial detainee] are at least as great as the Eighth Amendment protections available to a convicted prisoner”
- Holland v. City of New York, 197 F. Supp. 3d 529 (S.D.N.Y. 2016).published“[T]he State does not acquire the power to punish with which the Eighth Amendment is concerned until after it has secured a formal adjudication of guilt in accordance with due process of law.”
- Smith v. Brown, 296 F. Supp. 3d 648 (S.D. Ill. 2017).published“[T]he State does not acquire the power to punish with which the Eighth Amendment is concerned until after it has secured a formal adjudication of guilt in accordance with due process of law.”
- Guglielmo v. Montgomery Cnty., 387 F. Supp. 3d 798 (S.D. Ohio 2019).published“[T]he due process rights of a [pre-trial detainee] are at least as great as the Eighth Amendment protections available to a convicted prisoner.”
- George Hamm v. Dekalb Cnty., 774 F.2d 1567 (11th Cir. 1985).published“the due process rights of a [pretrial detainee] are at least as great as the Eighth Amendment protections available to a convicted prisoner.”
- Sawyer v. Cnty. of Creek, 908 F.2d 663 (10th Cir. 1990).published“Because there had been no formal adjudication of guilt against [the suspect] at the time he required medical care, the Eighth Amendment has no application”
- Steven Scozzari v. City of Clare, 454 F. App'x 455 (6th Cir. 2012).unpublished“[T]he due process rights of a [pre-trial detainee] are at least as great as the Eighth Amendment protections available to a convicted prisoner.”
- Steven Scozzari v. City of Clare, 597 F. App'x 845 (6th Cir. 2015).unpublished“[T]he due process rights of a [pre-trial detainee] are at least as great as the Eighth Amendment protections available to a convicted prisoner.”
- McIntosh ex rel. Est. of McIntosh v. Smith, 690 F. Supp. 2d 515 (S.D. Tex. 2010).published“The Due Process Clause ... requirefs] the responsible government or governmental agency to provide medical care to persons,, such as [McIntosh], who have been injured while being apprehended by the police.”
- Fluker v. Cuyahoga Cnty., No. 1:19-cv-00318, 2019 WL 3718619 (N.D. Ohio Aug. 7, 2019).“[T]he due process rights of a [pretrial detainee] are at least as great as the Eighth Amendment protections available to a convicted prisoner.”
- Suboh v. City of Revere, Mass., 141 F. Supp. 2d 124 (D. Mass. 2001).published“The Due Process Clause ... require[s] the responsible government or governmental agency to provide medical care to persons ... who have been injured while being apprehended by the police.”
- Towns, No. 3:25-cv-00489 (W.D. Ky. Dec. 12, 2025).“Eighth Amendment scrutiny is appropriate only after the state has secured a formal adjudication of guilt.”
- POWERS-BUNCE v. Dist. of Columbia, 659 F. Supp. 2d 173 (D.D.C. 2009).published“the due process rights of a [pretrial detainee] are at least as great as the Eighth Amendment protections available to a convicted prisoner”
At page 243 Standing to assert third party constitutional rights60 citing casesholding that the Eighth Amendment does not apply to a claim involving deliberate indifference by govern- ment officials to the medical needs of an injured suspect before his arrest
- City of Canton v. Harris, 489 U.S. 378 (1989).published
- City of Chicago v. Morales, 527 U.S. 41 (1999).published
- Gene A. Young, Sr. v. City of Mount Ranier Jody Shegan, 238 F.3d 567 (4th Cir. 2001).published
- Jones v. City of Los Angeles, 444 F.3d 1118 (9th Cir. 2006).published
- Metro. Washington Chapter, Associated Builders & Contractors, Inc. v. D.C., 62 F.4th 567 (D.C. Cir. 2023).published
- Shipp v. Hoffman, No. 4:18-cv-04017 (W.D. Ark. May 24, 2018).
- (PC) Cox v. Krpin, No. 2:18-cv-02523 (E.D. Cal. Apr. 14, 2020).
- Dunn v. Barry, No. 1:18-cv-10581 (D. Mass. May 17, 2021).
- Jiggetts v. Spring Grove Hosp. Ctr., No. 1:18-cv-03243 (D. Md. July 11, 2019).
- Mondowney v. Baltimore Cnty. Det. Ctr., No. 1:17-cv-01538 (D. Md. July 18, 2019).
Show 50 more citing cases
- Matthis v. Somerset Cnty. Det. Ctr., No. 1:18-cv-00223 (D. Md. Oct. 8, 2019).
- Thompson v. Opoku, No. 1:18-cv-01022, 2020 WL 978681 (D. Md. Feb. 28, 2020).
- Karam v. Chesapeake Det. Facility, No. 1:20-cv-01029 (D. Md. Dec. 2, 2020).
- Burkins v. Pietrogiacomo, No. 1:20-cv-03597 (D. Md. Apr. 18, 2022).
- Neal-Willams v. Montgomery Cnty. Corr. Facility, No. 1:21-cv-01893 (D. Md. Aug. 26, 2022).
- Larcomb v. Smith, No. 1:21-cv-02759 (D. Md. Oct. 6, 2022).
- Floyd v. Enyioma, No. 1:22-cv-00630 (D. Md. Aug. 30, 2023).
- Neal-Williams v. Addison, No. 1:21-cv-03280 (D. Md. Sept. 12, 2023).
- Prigg v. Ben-Daisey, No. 1:23-cv-00048 (D. Md. Mar. 8, 2024).
- Brayman v. Porter, No. 1:20-cv-00169 (D. Me. July 7, 2020).
- Stokes v. Penobscot Cnty. Jail, No. 1:20-cv-00121 (D. Me. Nov. 30, 2020).
- Kennaway v. Gillen, No. 1:22-cv-00036 (D. Me. Feb. 18, 2022).
- Smith v. Maine Dep't of Corr., No. 2:21-cv-00328 (D. Me. Feb. 22, 2022).
- Gladu v. Maine Dep't of Corr., No. 1:20-cv-00449 (D. Me. June 8, 2022).
- Adams v. Aroostook Cnty. Sheriff's Dep't, No. 1:22-cv-00069 (D. Me. July 20, 2022).
- Kennaway v. Gillen, No. 1:22-cv-00036 (D. Me. Sept. 29, 2022).
- Pelletier v. Dep't of Corr., No. 1:22-cv-00260 (D. Me. Sept. 29, 2022).
- Logan v. Washington Cnty. Jail Med. Dep't, No. 1:22-cv-00347 (D. Me. Nov. 29, 2022).
- Collagan v. Aroostook Cnty. Jail, No. 1:22-cv-00362 (D. Me. Dec. 21, 2022).
- Pelletier v. Penobscot Cnty. Jail, No. 1:22-cv-00405 (D. Me. Jan. 3, 2023).
- Macdonald v. Cumberland Cnty. Sheriff, No. 2:22-cv-00304 (D. Me. Jan. 3, 2023).
- Collagan v. Aroostook Cnty. Jail, No. 1:22-cv-00362 (D. Me. Mar. 9, 2023).
- Vanetten v. Daigle, No. 2:22-cv-00291 (D. Me. June 22, 2023).
- Inman-arbo v. Maine, No. 1:23-cv-00326 (D. Me. Sept. 11, 2023).
- Smith v. Penobscot Cnty. Jail, No. 1:23-cv-00314 (D. Me. Oct. 17, 2023).
- Kennaway v. Gillen, No. 1:22-cv-00036 (D. Me. Sept. 7, 2023).
- Macdonald v. York Cnty. Sheriff, No. 2:22-cv-00302 (D. Me. Oct. 20, 2023).
- Carleton v. Piscataquis Cnty. Jail, No. 1:23-cv-00253 (D. Me. Aug. 16, 2023).
- Emmert v. Aroostook Cnty. Jail, No. 1:24-cv-00159 (D. Me. June 14, 2024).
- Rapeika v. Adm'r N. State Prison, No. 2:20-cv-05358, 2020 WL 2092790 (D.N.J. May 1, 2020).
- Lozano v. State of New Jersey, No. 2:17-cv-06581 (D.N.J. June 29, 2020).
- Barden v. Blauvelt, No. 1:24-cv-00264 (D. Me. Aug. 13, 2024).
- Emmert v. Aroostook Cnty. Jail, No. 1:24-cv-00159 (D. Me. Sept. 11, 2024).
- Gurney v. Joyce, No. 2:24-cv-00262 (D. Me. Oct. 16, 2024).
- Mcmillan v. Comm'r of the New Jersey Dep't of Corr., No. 3:18-cv-13379 (D.N.J. Sept. 30, 2019).unpublished
- Calvin v. Scott Twp., No. 2:23-cv-01729 (W.D. Pa. Aug. 21, 2024).
- Sisson v. Piedmont Reg'l Jail Auth., No. 3:19-cv-00602, 2020 WL 1307858 (E.D. Va. Mar. 19, 2020).
- Barden v. Blauvelt, No. 1:24-cv-00264 (D. Me. Nov. 19, 2024).
- Frankhouse v. Jobe, No. 1:23-cv-02664 (D. Md. Dec. 10, 2024).
- Fluker v. Dunn, No. 2:23-cv-10617 (E.D. Mich. Feb. 4, 2025).
- Lara-Grimaldi v. Cnty. of Putnam, 132 F.4th 614 (2d Cir. 2025).published
- McClendon v. Tibbs, No. 2:23-cv-00709 (S.D. W. Va. June 3, 2025).
- Mota v. Androscoggin Cnty. Jail, No. 2:25-cv-00179 (D. Me. June 17, 2025).
- Moore v. Wellpath, No. 1:25-cv-00190 (D. Me. June 18, 2025).
- McCann-McCalpine v. Lt McElligott, No. 1:22-cv-02195, 2025 WL 2712642 (D. Md. Sept. 23, 2025).
- Peaslee v. Sheriff of Two Bridges Cnty. Jail, No. 2:25-cv-00451 (D. Me. Sept. 26, 2025).
- Austin v. Slaney, No. 1:25-cv-00352 (D. Me. Sept. 29, 2025).
- Antonio McKinney v. Androscoggin Cnty. Jail, No. 2:25-cv-00368 (D. Me. Nov. 13, 2025).
- Edwards, No. 3:25-cv-00485 (E.D. Va. Mar. 31, 2026).
- Brown, No. 1:25-cv-00054 (D. Md. Aug. 26, 2026).
At page 245 Determining constitutional obligation for detainee medical care38 citing cases“[A]s long as the governmental entity ensures that the medical care needed is in fact provided, the Constitution does not dictate how the cost of that care should be allocated as between the entity and the provider of the care. That is a matter of state law.”
- Freece v. Young, 756 F. Supp. 699 (W.D.N.Y. 1991).published But cf., id. 463 U.S. at 246 , 103 S.Ct. at 2984 (Rehnquist, J., concurring) (declining to reach the due process issue).
- Hatcher, No. 7:26-cv-00534 (W.D. Va. Sept. 14, 2026).(The Constitution does not prohibit charging prisoners for essential prison services, at least in the absence of a showing that the result is a severe deprivation of a fundamental right.)
- Todd D'Braunstein v. C.H.P., 131 F.4th 764 (9th Cir. 2025).published(Whatever the standard may be, [the defendant] fulfilled its constitutional obligation by seeing that [the arrestee] was taken promptly to a hospital that provided the treatment necessary for his injury.)
- Lovell v. Ferguson, No. 7:22-cv-00540 (W.D. Va. Jan. 27, 2023).(Nothing we say here affects any right a hospital or governmental entity may have to recover from a detainee the cost of the medical services provided to him.)
- Chang v. Vanderwielen, No. 2:22-cv-00013 (W.D. Wash. July 21, 2022).(Prison officials are deliberately indifferent to a prisoner’s serious medical needs when they ‘deny, delay, or 23 intentionally interfere with medical treatment.’)
- Reynolds v. Wagner, 936 F. Supp. 1216 (E.D. Pa. 1996).published (Nothing we say here affects any right a hospital or governmental entity may have to recover from a detainee the cost of the medical services provided to him.)
- Alston v. Lawson, No. 2:23-cv-03252 (D.S.C. Aug. 25, 2025).
- Alvin Englehart v. Mary Dasovick Engrid Omlid Robert Coad Timothy Schuetzle State Bonding Fund, 12 F.3d 1102 (8th Cir. 1993).unpublished
- Leonard G. Tillman v. Lebanon Cnty. Corr. Facility Robert L. Raiger, 221 F.3d 410 (3d Cir. 2000).published
- Williams v. Ergle, 698 So. 2d 1294 (Fla. 5th DCA 1997).published
Show 26 more citing cases
- Robert Morris v. Brad Livingston, 739 F.3d 740 (5th Cir. 2014).published
- Braillard v. Maricopa Cnty., 232 P.3d 1263 (Ariz. Ct. App. 2010).published
- Opinion No. (Ark. Att'y Gen. 1996).published
- Opinion No. (Ark. Att'y Gen. 2001).published
- Mourning v. Corr. Med. Servs., 692 A.2d 529 (N.J. Super. Ct. App. Div. 1997).published
- Pettaway v. Barber, No. 2:19-cv-00008 (M.D. Ala. Mar. 3, 2023).
- Beebe v. State of Alaska, No. 1:21-cv-00012 (D. Alaska Mar. 1, 2023).
- (PC) Cortes-Salcedo v. Jaegel, No. 2:20-cv-00048 (E.D. Cal. Sept. 17, 2020).
- I.A. v. City of Redondo Beach, No. 2:20-cv-06447 (C.D. Cal. July 30, 2021).
- Hiller v. Ramsey, No. 5:20-cv-03040 (D. Kan. Feb. 5, 2020).
- Scrivens v. Advanced Corr. Healthcare, Inc., No. 4:21-cv-00355 (E.D. Mo. Sept. 23, 2021).
- Rudolph v. Jefferson Cnty. Jail/Sheriff Dept, No. 4:22-cv-00491 (E.D. Mo. Aug. 3, 2022).
- Richardson v. Corr. Med. Care, Inc., No. 9:17-cv-00420 (N.D.N.Y. Sept. 10, 2021).
- Fullman v. City of Philadelphia, No. 2:17-cv-02673 (E.D. Pa. May 5, 2023).
- Roach v. Mckean Cnty., No. 1:23-cv-00182 (W.D. Pa. July 25, 2024).
- Dillard v. Smith, No. 7:20-cv-00151 (W.D. Va. July 16, 2021).
- Hopkins v. Warden, 2004 DNH 088 (D.N.H. 2004).published
- Martin v. DeBruyn, 880 F. Supp. 610 (N.D. Ind. 1995).published
- Waters v. Bass, 304 F. Supp. 2d 802 (E.D. Va. 2004).published
- Brown v. Cnty. Commissioners, 658 A.2d 255 (Md. 1995).published
- LaCour v. Beauregard Par., No. 2:21-cv-03195 (W.D. La. Jan. 19, 2022).
- Lane v. Short, No. 4:19-cv-01904 (E.D. Mo. Nov. 6, 2019).“[A]s long Constitution does not dictate how the cost of that care should be allocated as between the entity and the provider of the care. That is a matter of state law.”
- Babb v. Rodger Unknown, No. 1:22-cv-00046 (E.D. Mo. Nov. 22, 2022).“[A]s long as the governmental entity ensures that the medical care needed is in fact provided, the Constitution does not dictate how the cost of that care should be allocated as between the entity and the provider of t…”
- Hancock v. Hood, 686 F. Supp. 2d 1240 (S.D. Ala. 2010).published“[T]he injured [pretrial] detainee’s constitutional right is to receive the needed medical treatment; how [a municipality] obtains such treatment is not a federal constitutional question.”
- Murphy v. Mississippi Cnty. Jail, No. 1:24-cv-00173 (E.D. Mo. Dec. 31, 2024).“[A]s long as the governmental entity ensures that the medical care needed is in fact provided, the Constitution does not dictate how the cost of that care should be allocated as between the entity and the provider of t…”
- Gardner v. Wilson, 959 F. Supp. 1224 (C.D. Cal. 1997).published
At page 247 “nothing we say here affects any right a hospital or governmental entity may have to recover from a detainee the cost of the medical services provided to him.”4 citing cases
- Reynolds v. Wagner, 936 F. Supp. 1216 (E.D. Pa. 1996).published “Nothing we say here affects any right a hospital or governmental entity may have to recover from a detainee the cost of the medical services provided to him.”
- Reynolds v. Wagner, 128 F.3d 166 (3d Cir. 1997).published“Nothing we say here affects any right a hospital or government entity may have to recover from a detainee the cost of medical services provided to him.”
- Gardner v. Wilson, 959 F. Supp. 1224 (C.D. Cal. 1997).published“Nothing we say here affects any right a hospital or governmental entity may have to recover from a detainee the cost of the medical services provided to him.”
- (PC) Carter v. California Health Care Servs., No. 1:17-cv-01374 (E.D. Cal. Aug. 15, 2019).“Nothing we say here affects any right a hospital or governmental entity 2 may have to recover from a detainee the cost of the medical services provided to him.”
At page 240 Determining municipal duty to provide medical care3 citing casesthe city owed a duty to provide medical care to a “pretrial detainee,” who was shot while attempting to evade the police
- Pettaway v. Barber, No. 2:19-cv-00008 (M.D. Ala. Jan. 31, 2023).
- Mitchell v. Savage, No. 2:24-cv-00033 (E.D. Ky. Oct. 7, 2024).
- Derosha, No. 7:25-cv-00004 (W.D. Va. Mar. 30, 2026).
At page 246 Concurring on due process obligations for medical care3 citing casesIt is not even certain that mandating government reimbursement of hospitals that treat injured persons in police custody would have the effect of increasing…
- City of Canton v. Harris, 489 U.S. 378 (1989).published
- Ponte v. Real, 471 U.S. 491 (1985).published
- Popham v. City of Talladega, 742 F. Supp. 1504 (N.D. Ala. 1989).published
Eighth Amendment scrutiny is appropriate only after the state has secured a formal adjudication of guilt.
- Taylor, No. 3:26-cv-00216 (W.D. Ky. Sept. 8, 2026).(Eighth Amendment scrutiny is appropriate only after the state has secured a formal adjudication of guilt.)
- West, No. 2:26-cv-01787 (W.D. Wash. July 13, 2026).(Eighth Amendment scrutiny is appropriate only after the state has secured a 17 formal adjudication of guilt.)
At page 242 involving the provisioner of medical services to a person allegedly injured by unconstitutional state action2 citing cases
- Oregon v. Guzek, 546 U.S. 517 (2006).published
- Haitian Refugee Ctr. v. James S. Gracey, Admiral/commandant, United States Coast Guard, 809 F.2d 794 (D.C. Cir. 1987).published
Other citing cases
- Warren, No. 1:24-cv-02222 (S.D. Ind. Aug. 25, 2026).
v.
Massachusetts General Hospital
Lead Opinion
delivered the opinion of the Court.
The issue in this case is whether a municipality’s constitutional duty to obtain necessary medical care for a person injured by the municipality’s police in the performance of their duties includes a corresponding duty to compensate the provider of that medical care.
1 — I
On September 20, 1978, members of the police force of petitioner city of Revere, Mass., responded to a report of a breaking and entering in progress. At the scene they sought to detain a man named Patrick M. Kivlin, who attempted to flee. When repeated commands to stop and a warning shot failed to halt Kivlin’s flight, an officer fired at Kivlin and wounded him. The officers summoned a private ambulance. It took Kivlin, accompanied by one officer, to the emergency room of respondent Massachusetts General[*241] Hospital (MGH) in Boston.[1] Kivlin was hospitalized at MGH from September 20 until September 29. Upon his release, Revere police served him with an arrest warrant that had been issued on September 26. Kivlin was arraigned and released on his own recognizance.
On October 18, MGH sent the Chief of Police of Revere a bill for $7,948.50 for its services to Kivlin. The Chief responded immediately by a letter denying responsibility for the bill. On October 27, Kivlin returned to MGH for further treatment. He was released on November 10; the bill for services rendered during this second stay was $5,360.41.[2]
In January 1979, MGH sued Revere in state court to recover the full cost of its hospital services rendered to Kivlin. The Superior Court for the County of Suffolk dismissed the complaint. MGH appealed, and the Supreme Judicial Court of Massachusetts transferred the case to its own docket.
The Supreme Judicial Court reversed in part, holding that “the constitutional prohibition against cruel and unusual punishment, embodied in the Eighth Amendment to the United States Constitution [as applied to the States through the Fourteenth Amendment], requires that Revere be liable to the hospital for the medical services rendered to Kivlin during his first stay at the hospital.” 385 Mass. 772, 774, 434 N. E. 2d 185, 186 (1982). The court apparently believed that such a rule was needed to ensure that persons in police custody receive necessary medical attention.[3] In view of this rather novel Eighth Amendment approach and the impor[*242]tance of delineating governmental responsibility in a situation of this kind, we granted certiorari. 459 U. S. 820 (1982).
II
We first address two preliminary issues.
A
MGH suggests that we lack jurisdiction to decide this case because the state-court decision rests on an adequate and independent state ground. The Supreme Judicial Court’s opinion, however, stated unequivocally that state contract law provided no basis for ordering Revere to pay MGH for the hospital services rendered to Kivlin, 385 Mass., at 774, 434 N. E. 2d, at 186, and that MGH had not invoked the Commonwealth’s Constitution in support of its claim, id., at 776, n. 6, 434 N. E. 2d, at 188, n. 6. In a section of its opinion entitled “Eighth Amendment,” the court premised Revere’s liability squarely on the Federal Constitution.[4] Because the court’s decision was based on an interpretation of federal law, we have jurisdiction notwithstanding the fact that the same decision, had it rested on state law, would be unreviewable here. See Oregon v. Hass, 420 U. S. 714, 719, and n. 4 (1975).
B
The parties submit various arguments concerning MGH’s “standing” to raise its constitutional claim in this Court.[*243] MGH, however, clearly has standing in the Article III sense: it performed services for which it has not been paid, and through this action it seeks to redress its economic loss directly.
Moreover, prudential reasons for refusing to permit a litigant to assert the constitutional rights of a third party are much weaker here than they were in Craig v. Boren, 429 U. S. 190, 193-194 (1976), where the Court permitted a seller of beer to challenge a statute prohibiting the sale of beer to males, but not to females, between the ages of 18 and 21. In this case, as in Craig, the plaintiff’s assertion of jus tertii was not contested in the lower court, see 385 Mass., at 776-777, n. 7, 434 N. E. 2d, at 188, n. 7, and that court entertained the constitutional claim on its merits. Unlike Craig, this case arose in state court and the plaintiff, MGH, prevailed. The Supreme Judicial Court, of course, is not bound by the prudential limitations on jus tertii that apply to federal courts. The consequence of holding that MGH may not assert the rights of a third party (Kivlin) in this Court, therefore, would be to dismiss the writ of certiorari, leaving intact the state court’s judgment in favor of MGH, the purportedly improper representative of the third party’s constitutional rights. See Doremus v. Board of Education, 342 U. S. 429, 434-435 (1952). In these circumstances, invoking prudential limitations on MGH’s assertion of jus tertii would “serve no functional purpose.” Craig v. Boren, 429 U. S., at 194.[5]
rH HH I — I
3> r
The Eighth Amendment’s proscription of cruel and unusual punishments is violated by “deliberate indifference to serious[*244] medical needs of prisoners.” Estelle v. Gamble, 429 U. S. 97, 104 (1976). As MGH acknowledges, Brief for Respondent 3, on the facts of this case the relevant constitutional provision is not the Eighth Amendment but is, instead, the Due Process Clause of the Fourteenth Amendment. “Eighth Amendment scrutiny is appropriate only after the State has complied with the constitutional guarantees traditionally associated with criminal prosecutions. . . . [T]he State does not acquire the power to punish with which the Eighth Amendment is concerned until after it has secured a formal adjudication of guilt in accordance with due process of law.” Ingraham v. Wright, 430 U. S. 651, 671-672, n. 40 (1977); see Bell v. Wolfish, 441 U. S. 520, 535, n. 16 (1979). Because there had been no formal adjudication of guilt against Kivlin at the time he required medical care, the Eighth Amendment has no application.
B
The Due Process Clause, however, does require the responsible government or governmental agency to provide medical care to persons, such as Kivlin, who have been injured while being apprehended by the police. In fact, the due process rights of a person in Kivlin’s situation are at least as great as the Eighth Amendment protections available to a convicted prisoner. See Bell v. Wolfish, 441 U. S., at 535, n. 16, 545.[6] We need not define, in this case, Revere’s due process obligation to pretrial detainees or to other persons in its care who require medical attention. See Youngberg v.[*245] Romeo, 457 U. S. 307, 312, n. 11 (1982); Norris v. Frame, 585 F. 2d 1183, 1187 (CA3 1978); Loe v. Armistead, 582 F. 2d 1291 (CA4 1978), cert. denied sub nom. Moffitt v. Loe, 446 U. S. 928 (1980). Whatever the standard may be, Revere fulfilled its constitutional obligation by seeing that Kivlin was taken promptly to a hospital that provided the treatment necessary for his injury. And as long as the governmental entity ensures that the medical care needed is in fact provided, the Constitution does not dictate how the cost of that care should be allocated as between the entity and the provider of the care. That is a matter of state law.
If, of course, the governmental entity can obtain the medical care needed for a detainee only by paying for it, then it must pay. There are, however, other means by which the entity could meet its obligation. Many hospitals are subject to federal or state laws that require them to provide care to indigents. Hospitals receiving federal grant money under the Hill-Burton Act, for example, must supply a reasonable amount of free care to indigents. See 42 U. S. C. § 291c(e). In the Commonwealth of Massachusetts now, any hospital with an emergency facility must provide emergency services regardless of the patient’s ability to pay. Mass. Gen. Laws Ann., ch. Ill, §70E(7c) (West Supp. 1983-1984), added by 1979 Mass. Acts, ch. 214, and amended by 1979 Mass. Acts, ch. 720. Refusal to provide treatment would subject the hospital to malpractice liability. §70E. The governmental entity also may be able to satisfy its duty by operating its own hospital, or, possibly, by imposing on the willingness of hospitals and physicians to treat the sick regardless of the individual patient’s ability to pay.[7]
In short, the injured detainee’s constitutional right is to receive the needed medical treatment; how the city of Revere obtains such treatment is not a federal constitutional ques[*246]tion.[8] It is not even certain that mandating government reimbursement of hospitals that treat injured persons in police custody would have the effect of increasing the availability or quality of care. Although such a requirement would serve to eliminate any reluctance on the part of private hospitals to provide treatment, it also might encourage police to take injured detainees to public hospitals, rather than private ones, regardless of their relative distances or ability to furnish particular services.
IV
For these reasons, the judgment of the Supreme Judicial Court is reversed.
It is so ordered.
The city of Revere apparently has no municipal hospital or even a jail of its own. See App. 14.
Nothing in the record indicates that MGH ever tried to obtain payment from Kivlin.
Because it ruled that Kivlin was no longer in custody when he returned to MGH on October 27, the court concluded that Revere was not liable to MGH for the services rendered during the second hospitalization. 385 Mass., at 779-780, 434 N. E. 2d, at 189-190. That issue is not before us.
The court stated:
“The hospital argues that the prohibition against deliberate indifference to the medical needs of prisoners contained implicitly in the Eighth Amendment, Estelle v. Gamble, 429 U. S. 97 (1976), compels a government agency or division responsible for supplying those medical needs to pay for them. We agree.” Id., at 776, 434 N. E. 2d, at 187-188 (footnotes omitted).
Later, the court observed that inadequate funding, and the fact that payment would violate state law, were irrelevant: the Eighth Amendment required such payment, and prevailed over contrary state law. Id., at 779, 434 N. E. 2d, at 189.
In addition, we could not resolve the question whether MGH has third-party standing without addressing the constitutional issue. To a significant degree, the case “is in the class of those where standing and the merits are inextricably intertwined.” Holtzman v. Schlesinger, 414 U. S. 1316, 1319 (1973) (Douglas, J., in chambers). Both the standing question and the merits depend in part on whether injured suspects will be deprived of[*244] their constitutional right to necessary medical care unless the governmental entity is required to pay hospitals for their services.
The due process issue, raised by respondent as an alternative ground in support of the judgment, has been fully briefed and is properly before us. See Dandridge v. Williams, 397 U. S. 471, 475-476, n. 6 (1970). There is no reason to believe, moreover, that the Supreme Judicial Court’s analysis of the rights of pretrial detainees would be any different under the Due Process Clause. No factual issues are in dispute, and there would be little point in remanding the case merely to allow the Supreme Judicial Court to reconsider its holding under the relevant constitutional provision.
Nothing we say here affects any right a hospital or governmental entity may have to recover from a detainee the cost of the medical services provided to him.
We do not deal here, of course, with possible remedies for a pattern of constitutional violations.
Concurrence
I see no reason to decide in this case what requirements the Due Process Clause may impose upon a governmental agency by way of providing medical care to persons who have been injured while being apprehended by the police. As the Court points out, “[wjhatever the standard may be, Revere fulfilled its constitutional obligation by seeing that Kivlin was taken promptly to a hospital that provided the treatment necessary for his injury.” Ante, at 245. The Court’s other statements regarding the application of the Due Process Clause in this situation, ante, at 244-245 and this page, are therefore unnecessary as well as largely unsupported.
I concur in Parts I, II, III-A, and IV of the Court’s opinion.
Concurrence
concurring in the judgment.
This case raises a question of state fiscal policy. If the Mayor of the City of Revere had paid this bill because he had been advised by his attorney, or by the Attorney General of[*247] the State, that it was an obligation of the municipality, we would have had no interest in the matter, even if the legal advice had misinterpreted federal law. If the Massachusetts Legislature had passed a statute requiring bills of this character to be paid by the city, the performance of a city’s state statutory obligation would give rise to no federal question. That would be true even if the legislative history of the statute made it perfectly clear that every lawmaker who voted for the bill did so because he believed that the Federal Constitution required the State to allocate the cost in this manner.
Because the Supreme Judicial Court of Massachusetts— rather than another branch of state government — invoked the Federal Constitution in imposing an expense on the City of Revere, this Court has the authority to review the decision. But is it a sensible exercise of discretion to wield that authority? I think not. There is “nothing in the Federal Constitution that prohibits a State from giving lawmaking power to its courts.” Minnesota v. Clover Leaf Creamery Co., 449 U. S. 456, 479 (1981) (Stevens, J., dissenting). No individual right was violated in this case. The underlying issue of federal law has never before been deemed an issue of national significance. Since, however, the Court did (unwisely in my opinion) grant certiorari, I join its judgment.*
I agree with the Court’s substantive analysis of this case, except for its assertion that the Eighth Amendment’s prohibition against cruel and unusual punishment would not be violated by the State’s imposition of cruel and unusual punishment on a prisoner before he has been convicted of a crime. I adhere to my views that the statements in support of that assertion in Ingraham v. Wright, 430 U. S. 651 (1977), and Bell v. Wolfish, 441 U. S. 520 (1979), simply cannot be squared with the text or the purpose of the Eighth Amendment. See Ingraham, supra, at 684-692 (White, J., dissenting).