The following excerpt is from Miller v. Lovett, 879 F.2d 1066 (2nd Cir. 1989):
At the close of the evidence, the district court charged the jury on the question of whether the officers used unconstitutionally excessive force. Relying on Johnson v. Glick, 481 F.2d 1028 (2d Cir.), cert. denied, 414 U.S. 1033, 94 S.Ct. 462, 38 L.Ed.2d 324 (1973), the court instructed the jury to consider
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