What are the elements of an excessive force claim?
MultiRegion, United States of America
The following excerpt is from Williamson v. Nat'l City, Case No.: 3:18-cv-02394-WQH-JLB (S.D. Cal. 2020):
Cal. Civ. Code 52.1(c). The elements of a 52.1 excessive force claim are essentially identical to those of a 1983 excessive force claim. See City of Simi Valley v. Superior Court, 111 Cal. App. 4th 1077, 1085 (2003) (where federal constitutional claims are barred and there is no conduct constituting a state constitutional violation, there is no basis for liability under 52.1).
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