The following excerpt is from Gardner v. Vallejo Police Dep't, No. 2:19-CV-1432-DMC-P (E.D. Cal. 2019):
A claim of excessive force in the course of making a seizure of a person is analyzed under the Fourth Amendment's objective reasonableness standard. See Brooks v. Clark County, 828 F.3d 910 (9th Cir. 2016). In determining the reasonableness of force used to effect a seizure, governmental interests are balanced against the suspect's private interests by measuring the following factors: (1) severity of the crime at issue; (2) whether the suspect posed an immediate threat to the safety of officers or others; (3) whether the suspect was actively resisting arrest or attempting to evade arrest by flight, and any other exigent circumstances that existed at the time of arrest. Id. at 920.
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