What is the test for determining whether a police officer can use excessive force against a civilian plaintiff in a civil case?
MultiRegion, United States of America
The following excerpt is from Washington v. Gustafson, No. 2:14-cv-0628 TLN DB P (E.D. Cal. 2017):
320-21 (1986)). To make this determination, the court may evaluate "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,' . . . 'any efforts made to temper the severity of a forceful response'" and the extent of any injury inflicted. Hudson v. McMillian, 503 U.S. 1, 7 (1992).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for reasonableness in determining whether a police officer has been found to have used excessive force against a civilian plaintiff? (MultiRegion, United States of America)
What is the test for determining if a judge has jurisdiction to determine whether a plaintiff is a plaintiff in a civil proceeding in a federal civil case? (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)
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 is the test for determining whether the force used by a police officer in a search and seizure case was excessive? (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 whether a plaintiff in a civil case in the US Supreme Court has been found to be a defendant in a federal civil case? (MultiRegion, United States of America)
What is the test for determining whether a police officer used excessive force under the Fourth Amendment? (MultiRegion, United States of America)
What is the test for determining whether a police officer used excessive force? (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)
