What is the test for a violation of T.J's constitutional right to be free from the use of excessive force?

MultiRegion, United States of America

The following excerpt is from Johnson v. Newburgh Enlarged Sch. Dist., 239 F.3d 246 (2nd Cir. 2000):

Accepting plaintiffs' factual allegations as true, we conclude that a violation of T.J.'s constitutional "right to be free from the use of excessive force" in the "non-seizure, non- prisoner context" occurred here. Rodriguez v. Phillips, 66 F.3d 470, 476 (2d Cir. 1995). Factors to be considered in excessive force claims "[i]n determining whether the constitutional line has been crossed" include "the need for the application of force, the relationship between the need and the amount of force

Page 252

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