The following excerpt is from Young v. Lee, No. 2:17-cv-02596-CKD P (E.D. Cal. 2020):
1. The court notes that this is the legal standard for evaluating the use of force by police officers when affecting an arrest under the Fourth Amendment and not the Eighth Amendment standard governing the use of force claim in plaintiff's complaint. See Whitley v. Albers, 475 U.S. 312, 320 (1986) (stating the Eighth Amendment standard to be "whether [the use of ] force was applied in a good faith effort to maintain or restore discipline or maliciously and sadistically for the very purpose of causing harm.") (internal quotations and citation omitted).
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