Ullrich

MEMORANDUM **

I.

In order for Ullrich to prevail on a claim for violation of 42 U.S.C. § 1983 , he must show “(1) that a person acting under color of state law (2) committed an act that deprived the claimant of some right, privilege or immunity protected by the Constitution or laws of the United States.” Redman v. County of San Diego, 942 F.2d 1435, 1439 (9th Cir.1991), cert denied 502 U.S. 1074 , 112 S.Ct. 972 , 117 L.Ed.2d 137 (1992). Pretrial detainees’ challenges relating to conditions of confinement are evaluated under the Fourteenth Amendment. Id. Due process requires that pretrial detainees not be punished, as they have not been convicted, and therefore due process is violated if conditions of confinement equate with punishment. Bell v. Wolfish, *754 441 U.S. 520, 537-39 , 99 S.Ct. 1861 , 60 L.Ed.2d 447 (1979). The court must determine if the conditions accompanying pretrial detention are “imposed for the purpose of punishment or whether [they are] but an incident of some other legitimate governmental purpose.” Id. at 538 . The Eighth Amendment provides the minimum standard of care for determining a person’s rights as a pretrial detainee. See Jones v. Johnson, 781 F.2d…