Excessive Force Claims Under the Fourteenth Amendment

“Excessive force” claims may be litigated pursuant to 42 U.S.C. § 1983 as follows:  Under the Fourth Amendment for claims arising during arrest; under the Fourteenth Amendment for claims arising during pretrial detention; under the Eighth Amendment for claims arising after conviction.  In 2015, the United States Supreme Court in Kingsley v. Hendrickson, 135 S.

Reasonable Accommodations Under the Americans with Disabilities Act

Employment discrimination encompasses discrimination based on a person’s disability and making reasonable accommodations for that person’s disability. I.  Reasonable Accommodations The Americans with Disabilities Act (“ADA”) prohibits employers from discriminating against disabled employees.  42 USC § 12112,  Taylor v. Phoenixville Sch. Dist., 184 F.3d 296, 306 (3d Cir. Pa. 1999.).  A primary goal of the