Does a jury have to find that force was used with the intention of inflicting summary punishment or otherwise depriving an individual of due process law?

Similarly, appellants' request for an instruction requiring the jury to find that "force was used with the intention of inflicting summary punishment or otherwise depriving an individual of due process of law" was also properly denied. Even on its face it is evident that this instruction applies to cases implicating due process rights rather than Fourth Amendment rights. The cases cited in support of the instruction are, likewise, due process cases, and of no relevance in this context. See United States v. Messerlian, 832 F.2d 778, 791 (3d Cir.1987), cert. denied, 485 U.S. 988, 108 S.Ct. 1291, 99 L.Ed.2d 501 (1988); United States v. Delerme, 457 F.2d 156, 157 (3d Cir.1972).

The district court properly instructed the jury on the right to be free from excessive force during arrest.