What is the test for alleging excessive force under the Eighth Amendment?

As for the substance of plaintiff's claims, the allegations, taken as true, are insufficient to state a viable Eighth Amendment excessive force claim. In order to establish a claim for the use of excessive force in violation of the Eighth Amendment, a plaintiff must demonstrate that prison officials applied force maliciously and sadistically to cause harm, rather than in a good-faith effort to maintain or restore discipline. Hudson v. McMillian, 503 U.S. 1, 6-7 (1992). Here, plaintiff fails to plead facts necessary to show that the correctional officers' use of force was applied maliciously and sadistically to cause harm. Although plaintiff alleges that the rules violation report charging him with battery was dismissed, he does not allege that their attack on him was unjustified. In any amended complaint, plaintiff must allege more about the circumstances at issue, i.e., why yard had been recalled, the severity of any threat perceived by the officers, why the officers began to beat plaintiff, and if or when plaintiff struck or resisted the officers.

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To the extent plaintiff wishes to pursue a claim for violation of the right to procedural due process under the Fourteenth Amendment, he must show: "(1) a deprivation of a constitutionally protected liberty or property interest, and (2) a denial of adequate procedural protections." Kildare v. Saenz, 325 F.3d 1078, 1085 (9th Cir. 2003). Here, there are no allegations showing that plaintiff had a property or liberty interest sufficient to invoke the procedural protections of the due process clause. Even if there were, the claim still fails to survive screening because there are also no allegations stating which procedural protections plaintiff was denied.