Does the reasonableness inquiry on the merits of a Fourth Amendment excessive force claim need to be the same as that of a qualified immunity defense?

MultiRegion, United States of America

The following excerpt is from Katz v. USA., 194 F.3d 962 (9th Cir. 1999):

Saucier contends that, although our circuit has a long line of cases in which we have held that the reasonableness inquiry on the merits of a Fourth Amendment excessive force claim is the same as the reasonableness inquiry posed by a qualified immunity defense, these cases conflict with our en banc holding in Hammer v. Gross, 932 F.2d 842, 850 (9th Cir. 1991). We disagree, and affirm the district court.

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