What is the test for a Fourth Amendment right to be free from excessive force?
MultiRegion, United States of America
The following excerpt is from Pyper v. Oceanside Police Dep't, Case No.: 3:19-cv-1572-BEN-WVG (S.D. Cal. 2020):
Fourth Amendment rights to be free from the use of excessive force. Thus, the only remaining question is whether this right was clearly established at the time of the violation. Courts look to "whether the state of the law at the time of the official conduct complained of was such as to give the defendants 'fair warning' that [their] conduct was unconstitutional." Young v. Cnty. of Los Angeles, 655 F.3d 1156, 1167 (9th Cir. 2011).
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