4.40 Elements of Claim: Excessive Use of Force — Arrest or Other Seizure of Person is a type of legal claim which alleges that law enforcement officers used excessive force in the course of arresting or otherwise seizing an individual. This may include physical harm, psychological trauma, and/or financial losses. Excessive use of force claims may be based on violations of the Fourth Amendment, constitutional protections against unreasonable searches and seizures, or state-level laws prohibiting police brutality. Types of 4.40 Elements of Claim: Excessive Use of Force — Arrest or Other Seizure of Person include, but are not limited to: • Physical force: This includes any physical force used by an officer in the course of making an arrest or other seizure, such as punching, kicking, or using a baton, pepper spray, or other weapons. • Psychological force: This includes any verbal or mental abuse used by an officer in the course of making an arrest or other seizure, such as threats, insults, intimidation, or other coercive tactics. • Financial losses: This includes any financial losses incurred by an individual as a result of an officer's excessive use of force, such as medical bills, lost wages, or damage to personal property.
4.40 ELEMENTS OF CLAIM: EXCESSIVE USE OF FORCE - ARREST OR OTHER SEIZURE OF PERSON
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FAQ
Excessive force is a type of police brutality that refers to the use of force beyond what a reasonable police officer uses to question or apprehend a person. Officers should use the minimum amount of force necessary to safely contain a situation.
Some commentators like to use the acronym PLAN to summarise the boundaries of lawful use of force. PLAN stands for Proportionality, Legality, Accountability, and Necessity.
Under the Fourth Amendment, law enforcement cannot perform ?unreasonable searches and seizures.? This includes seizure of one's person, such as an arrest. The Fourth Amendment prohibits arrest or detention without a warrant or probable cause.
The Graham Factors are Reasons for Using Force They are not a complete list and all of the factors may not apply in every case. The Graham factors are the severity of the crime at issue; whether the suspect posed an immediate threat; and whether the suspect was actively resisting or trying to evade arrest by flight.
The Graham factors are the severity of the crime at issue; whether the suspect posed an immediate threat; and whether the suspect was actively resisting or trying to evade arrest by flight. The ?severity of the crime? generally refers to the reason for seizing someone in the first place.
The Graham factors are 1) the severity of the crime at issue 2) the threat to the safety of officers or others, and 3) whether the suspect is actively resisting or attempting to evade arrest by flight.
In order to establish that defendant used excessive force, plaintiff must prove both of the following by a preponderance of the evidence: First: Defendant intentionally committed certain acts. Second: Those acts violated plaintiff's Fourth Amendment right not to be subjected to excessive force.