Use of Force

Today’s case from the Ninth Circuit involves the use of deadly force by a Sergeant, who was subsequently denied qualified immunity which he later appealed. On appeal from a denial of qualified immunity, the court must determine: (1) whether there has been a violation of the constitutional right; and (2) whether that right was clearly established at the time of the officer’s alleged misconduct.

Our case today from the Eight Circuit highlights an alleged use of excessive force. To determine if the Officer in today’s case qualified for immunity, the court asked two questions: first, did his actions violate a constitutional right and second, was the right clearly established? To determine if a right is clearly established, the court will focus “on whether the officer had fair notice

Today’s Legal Update from the Tenth Circuit highlights excessive force being used after a suspect is handcuffed. In all use of force cases, the courts spotlight Graham v. Connor, which held that a claim of excessive force by law enforcement during an arrest, stop, or other seizure of an individual is subject to the objective reasonableness standard of the Fourth Amendment, rather than a