What is the test for excessive force under the Eighth Amendment?
MultiRegion, United States of America
The following excerpt is from Dillingham v. Garcia, 1:19-cv-00461-AWI-GSA-PC (E.D. Cal. 2020):
Plaintiff brings a claim for excessive force under the Eighth Amendment. "The objective component of an Eighth Amendment claim is . . . contextual and responsive to contemporary standards of decency." Hudson v. McMillian, 503 U.S. 1, 8 (1992) (internal quotation marks and
Page 14
"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
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 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)
When a prison guard stands accused of using excessive force in violation of the Eighth Amendment, what is the test for excessive force? (MultiRegion, United States of America)
Can a prison officer who does not himself use force violate the Eighth Amendment if he has a reasonable opportunity to intervene in other officials' excessive force? (MultiRegion, United States of America)
Are excessive force claims brought by pretrial detainees analyzed under the Fourteenth Amendment or the Eighth Amendment? (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)
What is the relevant test for using excessive physical force in violation of the Eighth Amendment? (MultiRegion, United States of America)
What is the test for excessive physical force in violation of the Eighth Amendment? (MultiRegion, United States of America)
Does the Eighth Amendment prohibit prison officials from using excessive force against prisoners? (MultiRegion, United States of America)
What are some facts relating to allegations that prison officials used excessive force in violation of the Eighth Amendment? (MultiRegion, United States of America)
