What is the test for qualified immunity for the use of excessive force under the fourth amendment?
MultiRegion, United States of America
The following excerpt is from Bonilla v. City of San Diego, 755 F. Supp. 293 (S.D. Cal. 1991):
2. However, even assuming arguendo that the officers' behavior constituted excessive force under the fourth amendment, the court concludes that the conduct would still be shielded by qualified immunity.4 Conduct which is unreasonable under the fourth amendment may still be reasonable under the qualified immunity test. See Anderson v. Creighton, 483 U.S. 635, 643, 107 S.Ct. 3034, 3040, 97 L.Ed.2d 523 (1986).
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