What is the test for a claim against a law enforcement officer for excessive force?

MultiRegion, United States of America

The following excerpt is from Sherard v. Campbell, Case No. 11-cv-2854-L(MDD) (S.D. Cal. 2013):

Claims against law enforcement officers for use of excessive force must be analyzed under the Fourth Amendment. Graham v. Connor, 490 U.S. 386, 395 (1989). The constitutional inquiry is whether an officer's use of force was objectively reasonable without regard to underlying intent or motivation. Id. at 397. To determine whether the force used is reasonable requires a nuanced balancing of the nature and quality of the intrusion on the individual's interests against the countervailing governmental interests at stake. Id. at 396. This determination "requires careful attention to the facts and circumstances of each particular case, including the severity of the crime at issue, whether the suspect poses an immediate threat to the

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safety of the officers or others, and whether he is actively resisting arrest or attempting to evade arrest by flight." Id. at 396. "[E]ven though reasonableness traditionally is a question of fact for the jury, defendants can still win on summary judgment if the district court concludes, after resolving all factual disputes in favor of the plaintiff, that the officer's use of force was objectively reasonable under the circumstances." Scott v. Henrich, 39 F.3d 912, 915 (9th Cir. 1994).

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