How is the test for excessive force applied in a civil case?
MultiRegion, United States of America
The following excerpt is from Pyper v. Oceanside Police Dep't, Case No.: 3:19-cv-1572-BEN-WVG (S.D. Cal. 2020):
Claims for excessive force are analyzed under the Fourth Amendment's prohibition against unreasonable seizures using the framework articulated in Graham v. Connor, 490 U.S. 194, 201 (2001). The relevant question is "whether the officers' actions are 'objectively reasonable' in light of the facts and circumstances confronting them, without regard to their underlying intent or motivation." Id. at 397.
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