Who typically sues under the 14th Amendment in a correctional context?

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In the context of correctional facilities, the 14th Amendment, which addresses citizenship rights and equal protection under the law, is most commonly invoked by individuals who are detained but not yet convicted. Detainees may file suit claiming that their rights have been violated, particularly regarding due process and equal protection principles.

The 14th Amendment ensures that anyone within a state's jurisdiction, including detainees, is entitled to due process and cannot be deprived of liberty without fair legal proceedings. In practice, this means that individuals held in pre-trial detention or those who are being held for other reasons may raise concerns about their treatment, conditions of confinement, and the fairness of the legal processes they are subject to.

While sentenced individuals also have the right to sue under the 14th Amendment regarding matters such as conditions of confinement and access to legal resources, the context of the question specifically points to those who are not yet convicted and thus are referred to colloquially as detainees. This distinction is crucial because it emphasizes the protection of rights for those who have not had their guilt proven in a court of law. Therefore, detainees are the ones who typically engage in litigation under the 14th Amendment in the correctional context.

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