Also known as: excessive forces · excessive use of force
Written by attorneys · grounded in primary & secondary sources — see below
Unreasonable or unnecessary force under the circumstances. The actor remains liable only for the portion of force exceeding what is privileged, while the recipient retains the normal privilege to defend against it.
Evelyn Ellison grabbed an officer's arm during a traffic stop after the officer shoved her without provocation. The officer then struck her repeatedly with a baton. Evelyn pushed the officer away to stop the blows. Because the officer's continued striking exceeded any privilege, Evelyn could lawfully defend herself.
Erika Echevarria shot her husband after he beat her unconscious and threatened further violence. Evidence showed she used more force than appeared necessary at the moment. The court held the shooting constituted excessive force that defeated her self-defense claim.
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Emanuel Escobar fled police after a minor traffic violation. An officer rammed his car at high speed, causing a rollover that left Escobar quadriplegic. The ramming was held to be excessive force under the Fourth Amendment because it created a severe risk of death for a nonviolent suspect.
Eva Espinosa led officers on a dangerous chase. Deputy Scott applied his push bumper to her vehicle, causing it to crash and leaving her paralyzed. The maneuver was deemed excessive force because the threat to bystanders did not justify the extreme risk to the fleeing driver.
Esther Eisenberg received twenty paddlings at school for minor misbehavior, resulting in a hematoma. The punishment was challenged as excessive force that violated substantive due process because it was administered without adequate procedural safeguards.
Eugene Ellsworth was shot by police and then questioned in the hospital without Miranda warnings. Officers continued aggressive questioning despite his severe pain. The interrogation methods were alleged to constitute excessive force that violated due process even though no statement was used at trial.
A person retains the normal privilege to defend against the actor's use or attempted use of excessive force or confinement. The actor remains liable only for the excessive portion.
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A defendant claiming self-defense must show that the force used was not excessive, meaning it did not exceed what was necessary or reasonably appeared necessary under the circumstances to protect against death or great bodily harm.
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Claims of excessive force during an arrest or investigatory stop are analyzed under the Fourth Amendment's objective reasonableness standard rather than substantive due process.
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Ramming a fleeing vehicle may constitute excessive force when the suspect poses no immediate threat to officers or bystanders that would justify the severe risk of death or serious injury created by the maneuver.
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Teachers may impose reasonable but not excessive force to discipline a child. Force that causes serious injury without procedural safeguards can violate due process.
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…road and crash. Respondent was rendered quadriplegic. He filed suit under 42 U. S. C. §1983 alleging, inter alia , the use of excessive force resulting in an unreasonable seizure under the Fourth Amendment. The District Court denied Scott’s summary judgment motion, which was based on qualified immunity. The Eleventh Circuit…