What factors are considered in determining whether the use of force was excessive?

MultiRegion, United States of America

The following excerpt is from Hammler v. Alvarez, Case No.: 18-CV-326-AJB(WVG) (S.D. Cal. 2019):

Moreover, when determining whether the force used was excessive, the court looks to the "extent of the injury suffered by an inmate . . . the need for application of force, the relationship between that need and the amount of force used, the threat reasonably perceived by the responsible officials, and any efforts made to temper the severity of a forceful response." Id. at 7 (citing Whitley v. Albers, 475 U.S. 312, 321 (1986)) (internal quotation omitted). These factors may suggest "whether the use of force could plausibly

Page 7

Other Questions


What factors are considered to determine whether inducement was a factor in determining whether an individual was entrapped in a criminal case? (MultiRegion, United States of America)
What is the test for determining whether age was a determining factor in determining whether a plaintiff should be retained or discharged? (MultiRegion, United States of America)
What is the test for determining whether a defendant has considered each of the factors that determine whether they have been found liable for damages? (MultiRegion, United States of America)
Is Wardlow entitled to have his claim that the police used excessive force, excessive force and excessive force on the basis that he was a drug courier? (MultiRegion, United States of America)
What is the test for determining whether a party’s intention is a determining factor in determining whether there is a contract for services? (Canada (Federal), Canada)
What factors are considered to be a factor in determining whether a person has a disability? (MultiRegion, United States of America)
What is the test for whether a defendant can be found guilty of voluntary manslaughter by reason of excessive force or excessive force? (MultiRegion, United States of America)
What factors are considered determinative when determining whether a plaintiff has a disability? (MultiRegion, United States of America)
Can a plaintiff bring a claim for excessive force under the Fourth Amendment against a police force that uses excessive force? (MultiRegion, United States of America)
What factors will a court consider when determining whether the use of force by a police officer against an individual in custody was unreasonable? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.