What is the test for an excessive force claim in the course of an arrest?

MultiRegion, United States of America

The following excerpt is from Samaro v. Simpson, No. 2:19-cv-01691-CKD (PC) (E.D. Cal. 2021):

An excessive force claim in the course of an arrest is analyzed under the Fourth Amendment's "objective reasonableness" standard. Graham v. Connor, 490 U.S. 386, 388 (1989). Objective reasonableness is determined based on the facts and circumstances at the moment of arrest without reference to the underlying intent or motivation of the officer. Id. at 397. Most importantly, the reasonableness of any particular use of force "must be judged from the perspective of a reasonable officer on the scene, rather than with the 20/20 vision of hindsight." Id. at 396.

The reasonableness of an officer's use of force is determined by balancing the "nature and

Page 4

Other Questions


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)
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)
Is handcuffing during the course of an otherwise lawful arrest an excessive force claim? (MultiRegion, United States of America)
What is the test for a claim that a law enforcement officer used excessive force in the course of an arrest, investigatory stop and seizure of a citizen? (MultiRegion, United States of America)
What is the test for a claim that a law enforcement officer used excessive force during the course of an arrest? (MultiRegion, United States of America)
Does excessive force during the arrest of a third party make his or her claim under the Fourteenth Amendment? (MultiRegion, United States of America)
In what circumstances will a police officer be held liable for excessive force, improper search and excessive force by two officers during a traffic stop? (MultiRegion, United States of America)
What is the test for a claim of excessive force in the course of making a seizure of a person? (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)
Can a police officer use excessive force against a man who is either actively resisting arrest or attempting to evade arrest by flight? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.