In what circumstances will a plaintiff have to prove that a police officer maliciously and sadistically for the very purpose of causing harm?
MultiRegion, United States of America
The following excerpt is from Rodriguez v. City of Fresno, CV F 09- CV - 1176 AWI MJS (E.D. Cal. 2011):
Claybrook, 199 F.3d at 359 (internal citations to County of Sacramento v. Lewis, 523 U.S. 833 (1998) omitted). In this circuit, the phrase "maliciously and sadistically for the very purpose of causing harm" is often restated as requiring that the plaintiff show that the officer "acted with a purpose to harm [the plaintiff] for reasons unrelated to legitimate law
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enforcement objectives." Porter v. Osborn, 546 F.3d 1131, 1137 (9th Cir,. 2008).
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