Under which amendment would a person in custody who has been sentenced typically sue?

A person in custody who has been sentenced typically sues under the 8th Amendment. The 8th Amendment of the U.S. Constitution prohibits cruel and unusual punishment, and it is often invoked in cases involving the treatment of incarcerated individuals. This amendment specifically addresses the rights of convicted individuals, outlining protections against inhumane treatment while serving their sentences.

When a person who is already sentenced believes their rights are being violated due to their treatment in custody—whether through excessive force, inadequate medical care, or substandard living conditions—they may file a lawsuit based on the Eighth Amendment. This is because the amendment fundamentally aims to ensure that the punishment remains proportional and humane, reflecting societal standards of decency.

The other amendments, while relevant in various contexts, do not specifically address the rights of individuals who have already been convicted and are serving their sentences. Consequently, those would not be the appropriate grounds for a lawsuit in this specific scenario. The 4th Amendment deals with unlawful searches and seizures, the 5th Amendment concerns rights related to self-incrimination and double jeopardy, and the 14th Amendment primarily focuses on due process and equal protection under the law.