What is the test for establishing excessive force in violation of the Eighth Amendment?
MultiRegion, United States of America
The following excerpt is from Zwirn v. Ruggiero, No. 2:16-cv-2853 CKD P (E.D. Cal. 2017):
1. In order to state a claim for damages, plaintiff must allege facts indicating a causal connection between the actions of a defendant and the injury sustained by plaintiff. See Barren v. Harrington, 152 F.3d 1193, 1194-95 (9th Cir. 1998).
2. In order to establish excessive force in violation of the Eighth Amendment, plaintiff must show that 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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