W.D.Okla.: Whether 14A or 4A applies to ptf’s excessive force claim on arrest before PC found by judicial officer, result the same

Plaintiff’s excessive force claim occurred after arrest but before a judicial determination of probable cause. “If so, Mr. Willis would not have been a pretrial detainee for purposes of Plaintiff’s excessive force claim. However, because the parties characterize him as a pretrial detainee and rely on the Fourteenth Amendment, and the Tenth Circuit recently treated a plaintiff in a similar situation as a pretrial detainee, the Court will apply the Fourteenth Amendment standard. See Rowell v. Bd. of Cnty. Commissioners of Muskogee Cnty., 978 F.3d 1165, 1171 (10th Cir. 2020) (describing plaintiff as ‘a pretrial detainee’ when the alleged excessive force occurred while he was being processed into the jail following his arrest for public intoxication). In any event, the Court would reach the same conclusions regardless of whether the Fourteenth or Fourth Amendment standard applies. See McCowan v. Morales, 945 F.3d 1276, 1283 (10th Cir. 2019) (explaining that ‘the same objective standard now applies to excessive-force claims brought under either the Fourth or the Fourteenth Amendment’).” Willis v. Okla. County Detention Center, 2022 U.S. Dist. LEXIS 17793 (W.D.Okla. Feb. 1, 2022).