What is the test for a jury to determine that a police officer did not intend to use enough force to break a plaintiff's jaw?
MultiRegion, United States of America
The following excerpt is from Tardif v. City of N.Y., 991 F.3d 394 (2nd Cir. 2021):
that there was no violation because [the officer] did not intend to use enough force to break [plaintiff's] jaw"); see also Callahan v. Wilson , 863 F.3d 144, 152 (2d Cir. 2017) (holding that erroneous instruction on the use of deadly force was not harmless because it "allowed the jury to decide the case on different grounds than [the law] permits").
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