{"id":4055,"date":"2010-04-13T12:37:07","date_gmt":"2010-04-13T12:34:52","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-04-13T12:34:52","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=4055","title":{"rendered":"CA8: Arrestee cannot be transported in K-9’s cage in police car"},"content":{"rendered":"

It violates due process to transport a presumed innocent arrestee in the K-9 dog cage of the back of the police car with dog hair and dried urine and feces. Defendant’s claim of legitimate penological interest is rejected on the totality of the circumstances, and qualified immunity denied. Morris v. Zefferi<\/a>, 08-3141 (8th Cir. April 13, 2010)*:<\/p>\n

Because Morris was a pretrial detainee at the time of the alleged violation of his constitutional rights, we analyze Morris\u2019s claim against Zefferi under the Fourteenth Amendment, rather than the Eighth Amendment. See Owens v. Scott County Jail, 328 F.3d 1026, 1027 (8th Cir. 2003) (citing Bell v. Wolfish, 441 U.S. 520, 535 n.16 (1979)). Under the Fourteenth Amendment, a pretrial detainee\u2019s constitutional rights are violated if the detainee\u2019s conditions of confinement amount to punishment. See Bell, 441 U.S. at 535 (\u201c[U]nder the Due Process Clause, a detainee may not be punished prior to an adjudication of guilt in accordance with due process of law.\u201d (citation omitted)). \u201c[P]retrial detainees are entitled to \u2018at least as great\u2019 protection [under the Fourteenth Amendment] as that afforded convicted prisoners under the Eighth Amendment,\u201d …. The Eighth Amendment prohibits penalties \u201cthat transgress today\u2019s \u2018broad and idealistic concepts of dignity, civilized standards, humanity, and decency.\u2019\u201d Hutto v. Finney, 437 U.S. 678, 685 (1978) (quoting Estelle v. Gamble, 429 U.S. 97, 102 (1976)). \u201cPunishment that \u2018deprive[s] inmates of the minimal civilized measures of life\u2019s necessities\u2019 is unconstitutional.\u201d Owens, 328 F.3d at 1027 (quoting Rhodes v. Chapman, 452 U.S. 337, 347 (1981)).<\/p>\n

. . .<\/p>\n

Zefferi\u2019s piecemeal analysis of the conditions of Morris\u2019s confinement misses the point. In considering whether the conditions of pretrial detention are unconstitutionally punitive, we review the totality of the circumstances of a pretrial detainee\u2019s confinement. See Owens, 328 F.3d at 1027 (citing Smith, 87 F.3d at 268) (\u201c[A]ny analysis of confinement conditions must be based on the totality of the circumstances.\u201d (citation omitted)). When considered separately and in isolation, Morris\u2019s allegations of the unsanitary conditions of the cage, the degree of discomfort experienced by Morris, or the humiliation and degradation suffered by Morris may not appear to state a constitutional violation. But Morris did not experience these conditions in isolation. Morris was a presumed innocent pretrial detainee. According to Morris, he was forced to crawl into a small cage littered with dog hair, excrement, and dried urine. He was then required to lie in an uncomfortable position while restrained by a waist belly chain, handcuffs and ankle restraints, for a ninety-minute car ride. Exigent circumstances did not exist, and other transportation options apparently did exist. Based on the totality of the circumstances and accepting Morris\u2019s allegations as true, as we must, we conclude Zefferi\u2019s decision to transport Morris in this manner \u201ctransgress[ed] today\u2019s broad and idealistic concepts of dignity, civilized standards, humanity, and decency.\u201d Hutto, 437 U.S. at 685 (internal marks omitted).<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

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