Does the use of pepper spray and two strikes with a baton have to be justified?
MultiRegion, United States of America
The following excerpt is from Castellanos v. United States, 438 F.Supp.3d 1120 (S.D. Cal. 2020):
7 Cf. Young v. Cnty. of L.A., 655 F.3d 1156, 116263 (9th Cir. 2011) ("Whatever such force [the use of pepper spray and two strikes with a baton] is ultimately labeled, there is no question that its use against an individual is a sufficiently serious intrusion upon liberty that it must be justified by a commensurately serious state interest.").
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