Through an analysis of the statutory and case law surrounding the use of excessive force, this Comment will review how differentiating applications of the law have led to varying and sometimes unjust results. Jurisdictions differ regarding what pre-shooting conduct can be considered, what the “objective reasonableness” standard encompasses, and how tort law should impact this analysis. Therefore, this Comment works to provide a framework for the consistent application of the objective reasonableness standard. Part I reviews the proscribed levels of force, noting when the use of force becomes excessive, and discusses the tort concept of proximate cause and how the Ninth Circuit applied proximate cause in an excessive force case that ultimately held that an officer’s pre-shooting conduct proximately caused the citizen’s injuries. Part II provides a solution for the inconsistent way courts address officers’ pre-shooting behavior by including proximate cause as part of the objective reasonableness analysis in determining whether officers’ pre-shooting conduct proximately caused the use of the excessive force, leading to the citizen’s injuries. The Comment concludes with an application of the suggested standard to the scenarios detailed above.
Latasha M. James,
Excessive Force: A Feasible Proximate Cause Approach,
U. Rich. L. Rev.
Available at: https://scholarship.richmond.edu/lawreview/vol54/iss2/7
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