What is the test for determining whether a police officer's use of force violated the Fourth Amendment?

MultiRegion, United States of America

The following excerpt is from Cortesluna v. Leon, 979 F.3d 645 (9th Cir. 2020):

At step one, we determine whether a reasonable jury could conclude that an officer's use of force violated the Fourth Amendment by "balancing the nature and quality of the intrusion on the individual's Fourth Amendment interests against the importance of the governmental interests alleged to justify the intrusion. " Id. (quoting Tennessee v. Garner , 471 U.S. 1, 8, 105 S.Ct. 1694, 85 L.Ed.2d 1 (1985) ). That analysis incorporates many factors,3 but the most important factor is "whether the suspect posed an immediate threat to the safety of the officers or others." C.V. ex rel. Villegas v. City of Anaheim , 823 F.3d 1252, 1255 (9th Cir. 2016) (internal quotation marks omitted). Although we take disputed facts in the light most favorable to the plaintiff, we view the

[979 F.3d 652]

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