Green v. Taylor

1 Citing case

  1. Thomas v. S. Health Partners

    Civil Action 2:21-cv-012 (WOB-CJS) (E.D. Ky. Jun. 9, 2023)   Cited 3 times

    Although it is clear that Thomas was a pretrial detainee with respect to her new charges, courts have struggled to decide whether a plaintiff's suspected probation violation makes them a pretrial detainee or a convicted prisoner. See, e.g., Green v. Taylor, No. 1:22-CV-1007, 2023 WL 415502, at *4 n.2 (W.D. Mich. Jan. 26, 2023) (collecting cases); Johnson v. NaphCare, Inc., No. 3:19-CV-054, 2022 WL 306981, at *13 (S.D. Ohio Feb. 2, 2022) (collecting cases); Walker v. S. Health Partners, 576 F.Supp.3d 516, 538-39 (E.D. Ky. 2021) (applying the Fourteenth Amendment because the defendants had not argued that the more stringent Eighth Amendment approach should apply). It does not appear that the Sixth Circuit has directly addressed the issue and the parties have applied both tests in their analyses.