What is the test for alleging excessive use of force in a medical malpractice case?
MultiRegion, United States of America
The following excerpt is from Gleason v. Neuschmid, No. 2:18-cv-0135 CKD P (E.D. Cal. 2018):
With respect to plaintiff's claim regarding the excessive use of force, plaintiff is informed that in order to state a claim for a violation of the Eighth Amendment, plaintiff must point to facts suggesting he has been subjected to the wanton and unnecessary infliction of pain. Whitley v. Albers, 475 U.S. 312, 319 (1986).
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