What is the test for reasonable use of force by a police officer?
MultiRegion, United States of America
The following excerpt is from Finnegan v. Fountain, 915 F.2d 817 (2nd Cir. 1990):
The "reasonableness" of a particular use of force must be judged from the perspective of a reasonable officer on the scene, rather than with the 20/20 vision of hindsight.... "Not every push or shove, even if it may later seem unnecessary in the peace of a judge's chambers," ... violates the Fourth Amendment.
Graham, 490 U.S. at ----, 109 S.Ct. at 1872 (quoting Johnson v. Glick, 481 F.2d at 1033).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is a reasonable use of force under the Fourth Amendment when a police officer uses deadly force against a suspect? (MultiRegion, United States of America)
In what circumstances will a police officer be held liable for excessive force, improper search and excessive force by two officers during a traffic stop? (MultiRegion, United States of America)
What is the test for reasonable use of force by a police officer in entering a judge's chambers? (MultiRegion, United States of America)
Does a black police officer who reports overhearing racial slurs made by other police officers against black citizens have to engage in protected activity? (MultiRegion, United States of America)
Is there a genuine dispute as to whether the use of force by police officers was objectively reasonable? (MultiRegion, United States of America)
Can a plaintiff bring a claim for excessive force under the Fourth Amendment against a police force that uses excessive force? (MultiRegion, United States of America)
Is Wardlow entitled to have his claim that the police used excessive force, excessive force and excessive force on the basis that he was a drug courier? (MultiRegion, United States of America)
What is the difference between whether a reasonable officer could have believed that the force used was reasonable under the circumstances? (MultiRegion, United States of America)
First, if a child is removed from their home by a police officer, would they assert that the seizure was reasonable and reasonable? (MultiRegion, United States of America)
Is a police officer liable for failing to intervene to prevent another officer from using excessive force? (MultiRegion, United States of America)
