In evaluating the detainee's claim, Judge Friendly applied neither the Fourth Amendment nor the Eighth, the two most textually . . See Tennessee v. Garner, supra, at 7-22 (claim of excessive force to effect arrest analyzed under a Fourth Amendment standard); Whitley v. Albers, *. Footnote 7 Footnote 8 2007). , n. 3 (1979). U.S., at 327 and Privacy Policy. Findings from Graham v. Connor determine the legality of every use-of-force decision an officer makes. Because the Fourth Amendment provides an explicit textual source of constitutional protection against this sort of physically intrusive governmental conduct, that Amendment, not the more generalized notion of "substantive due process," must be the guide for analyzing these claims. "?I@1.T$w00120d`; Xr 1983, petitioner Dethorne Graham seeks to recover damages for injuries allegedly sustained when law enforcement officers used physical force against him during the course of an investigatory stop. 483 12. Artesia, NM 88210 Generally, the more serious the crime at issue, the more intrusive the force may be. The duration of the action is important. `04f=32QA[-,eAQd*4U^l U4rkgKrSZ~?vrRwCqZK*C/Jy7;wM~_8Eb/(%4TIxI//)8_W]f^|E^t/-Kr(I^JowZE^6 +6VXX(7b/wGOvmA)I**=G_dCmD`'0{GS?L`utx{-@t)bQ**VX]p0t_>4Z{uW]g`aZv&?jh6lnGq^uSR8t3gHa].y:&]T2IZ2K}.6(H%H"mw4)IE A,Drwzn|v+?zPj(/[ v)F4lI3TwuSr'YFXe+Zm^z8U9eljW[U^rKJYc:t?zB78t,fHh 0000002912 00000 n Anyone claiming to provide an objective evaluation of police use of force must gain the necessary educational foundation to even ask the right questions in order to reach reliable conclusions. (1985), as mandating application of a Fourth Amendment "objective reasonableness" standard to claims of excessive force during arrest. The Supreme Court . . 392-399. Four officers grabbed Graham and threw him headfirst into the police car. (1971), nor by the mistaken execution of a valid search warrant on the wrong premises, Maryland v. Garrison, Even though there is no duty to retreat, could the officer have used lesser force and still safely accomplish the lawful objective? 2002; Samples v. Atlanta, 846 F.2d 1328, 11th Cir. Was the officer well-trained, qualified and competent with all force tools authorized by the agency? Mark I. Our cases have not resolved the question whether the Fourth Amendment continues to provide individuals with protection against the deliberate use of excessive physical force beyond the point at which arrest ends and pretrial detention begins, and we do not attempt to answer that question today. Footnote 4 ] Of course, in assessing the credibility of an officer's account of the circumstances that prompted the use of force, a factfinder may consider, along with other factors, evidence that the officer may have harbored ill-will toward the citizen. 401 See Anderson v. Creighton, The Three Prong Graham Test The severity of the crime at issue. Our endorsement of the Johnson v. Glick test in Whitley thus had no implications beyond the Eighth Amendment context. Ken Wallentine is the chief of the West Jordan (Utah) Police Department and former chief of law enforcement for the Utah Attorney General. Tennessee v. Garner, 471 U.S. 1 (1985) A state police officer shot and killed Garner as he was running away from the crime scene. The validity of the claim must then be judged by reference to the specific constitutional standard which governs that right, rather than to some generalized "excessive force" standard. The 1989 landmark case Graham v. Connor10 began with the United States District Court for the Western District of North Carolina applying the Johnson v. Glick four-factor test and granted respondents' motion for a directed verdict." The Court of Appeals affirmed, endorsing this test as generally applicable to all claims of The price for the products varies not so large. Id., at 949-950. 429 Footnote 2 Headquarters - Glynco It is clear, however, that the Due Process Clause protects a pretrial detainee from the use of excessive force that amounts to punishment. 0000005009 00000 n In this action under 42 U.S.C. The Immediacy of the Threat (1973). 1 Two police officers assumed Graham was stealing, so they pulled his car over. The agencys use of force review will likely be completed by supervisors who understand the dynamics of violent encounters. 392 See Scott v. United States, Does the officers conduct appear to be objectively reasonable? On its face, Graham's three-factor test does not contemplate whether an arrestee's individual characteristics are relevant to an officer's use of force. 0000054805 00000 n Glynco, GA 31524 Court of Appeals' conclusion, see id., at 948, n. 3, that because the subjective motivations of the individual officers are of central importance in deciding whether force used against a convicted prisoner violates the Eighth Amendment, see Whitley v. Albers, The majority ruled first that the District Court had applied the correct legal standard in assessing petitioner's excessive force claim. 1983." Courts using this standard look at both the ultimate decision, and the process by which a party went about making that decision. The court of appeals affirmed. . GRAHAM V CONNOR 3 PRONG TEST Flashcards | Quizlet GRAHAM V CONNOR 3 PRONG TEST 5.0 (1 review) Term 1 / 3 1 Click the card to flip Definition 1 / 3 THE SEVERITY OF THE CRIME (S) AT ISSUE; Click the card to flip Flashcards Learn Test Match Created by Nate_Traveller Terms in this set (3) 1 THE SEVERITY OF THE CRIME (S) AT ISSUE; 2 In the nearly two decade history of Graham v. Connor, courts have refined the three-prong Graham test and applied a number of additional factors. %PDF-1.3 % 163 0 obj << /Linearized 1.0 /L 495229 /H [ 178847 550 ] /O 166 /E 179397 /N 49 /T 491924 /P 0 >> endobj xref 163 17 0000000015 00000 n Footnote 10 The Graham factors are not considered in a vacuum. seizure"). [490 We began our Eighth Amendment analysis by reiterating the long-established maxim that an Eighth Amendment violation requires proof of the "`"unnecessary and wanton infliction of pain."'" in cases . Whether the suspect poses an immediate threat to the safety of the officers or others. U.S., at 319 "When deadly force is used, we have a more specific test for objective reasonableness." . This lesson covers the following objectives: 14 chapters | In Tennessee v. Garner, 471 U.S. 1 (1985), the Court suggested that there are three circumstances when an officer can use deadly force: The Court also noted that, when feasible, a warning should precede the use of deadly force. 462 The U.S. Supreme Court case of Graham v. Connor, 490 U.S. 386 (1989), established "Objective Reasonableness" as the standard for all applications of force in United States. Leavitt, 99 F.3d 640, 642-43 (4th Cir. The Severity of the Crime U.S. 312, 318 All rights reserved. You will receive your score and answers at the end. Several officers then lifted Graham up from behind, carried him over to Berry's car, and placed him face down on its hood. [490 Pennsylvania v. Mimms, 434 U.S. 106 (1977); Maryland v. Wilson, 519 U.S. 408 (1997); See the Legal Division Reference Book. Any protection that "substantive due process" affords convicted prisoners against excessive force is, we have held, at best redundant of that provided by the Eighth Amendment. The four prongs are: 1 The need for the application of force; 2 The relationship between that need and the amount of force that was used; 3 The extent of the injury inflicted; and 4 Whether the force was applied in a good faith effort to maintain and restore discipline or maliciously and sadistically for the very purpose of causing harm Graham v Connor - Objective Reasonableness 5,290 views Jul 28, 2019 This video continues the series on Graham v Connor - and discusses the objective reasonableness standard in a. A lock Because the case comes to us from a decision of the Court of Appeals affirming the entry of a directed verdict for respondents, we take the evidence hereafter noted in the light most favorable to petitioner. ] The same analysis applies to excessive force claims brought against federal law enforcement and correctional officials under Bivens v. Six Unknown Fed. App. 2 Graham exited the car, and the . Whether the suspect is an immediate threat to the safety of the officer or others is generally considered the most important governmental interest for using force. -9 (the question is "whether the totality of the circumstances justifie[s] a particular sort of . U.S. 128, 137 The Fourth, Eighth, and Fourteenth Amendments each protect individuals against excessive government force and "[w]hich amendment should be applied depends on the status of the plaintiff at the time of the incident . This guide is designed to assist officers in articulating the facts of a Use of Force incident in accordance with the guidance provided in Graham. The "three prong Graham test" is most often recited or written as the following factors that are required to justify the deployment of a police dog; The severity of the crime at issue Whether the suspect poses an immediate threat to the safety of the officers or others If a police officer's use of force which "shocks the conscience" could justify setting aside a criminal conviction, Judge Friendly reasoned, a correctional officer's use of similarly excessive force must give rise to a due process violation actionable under 1983. With respect to a claim of excessive force, the same standard of reasonableness at the moment applies: "Not every push or shove, even if it may later seem unnecessary in the peace of a judge's chambers," Johnson v. Glick, 481 F.2d, at 1033, violates the Fourth Amendment. 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. In this case, petitioner apparently decided that it was in his best interest to disavow the continued applicability of substantive due process analysis as an alternative basis for recovery in prearrest excessive force cases. Any officer would want to know a suspects criminal or psychiatric history, if possible. The Three Prong Graham Test The severity of the crime at issue. In ruling on that motion, the District Court considered the following four factors, which it identified as "[t]he factors to be considered in determining when the excessive use of force gives rise to a cause of action under 1983": (1) the need for the application of force; (2) the relationship between that need and the amount of force that was used; (3) the extent of the injury inflicted; and (4) "[w]hether the force was applied in a good faith effort to maintain and restore discipline or maliciously and sadistically for the very purpose of causing harm." Learn more about FindLaws newsletters, including our terms of use and privacy policy. Respondent Connor, an officer of the Charlotte, North Carolina, Police Department, saw Graham hastily enter and leave the store. Ibid. Court Documents He asked a friend, William Berry, to drive him to a nearby convenience store so he could purchase some orange juice to counteract the reaction. 0000008547 00000 n Get the best tools available. Some courts have long applied a skewed Monday-morning quarterback view that a suspect shot in the back is the victim of de facto excessive force (McCambridge v. Hall, 303 F.3d 24, 1st Cir. ] In Whitley, we addressed a 1983 claim brought by a convicted prisoner, who claimed that prison officials had violated his Eighth Amendment rights by shooting him in the knee during a prison riot. That after the pursuit, said suspect fled on foot and may pose a threat to you or other officers if encountered. [ Add that to evidence of Grahams possible intoxication, and a reasonable officer might believe that Graham posed an immediate threat to Officer Connor; to other motorists on the adjoining road; and to Graham, himself. When the officer is threatened with a deadly weapon; When the officer has probable cause to believe that the suspect poses a threat of serious physical harm or death to the officer or to another; When the officer has probable cause to believe that the suspect has committed a crime involving threatened or actual serious physical harm or death to another person. U.S. 128, 139 See, e.g . What is the 3 prong test Graham v Connor? Even though police use of force is statistically uncommon, tremendous liability and potential for injury comes with each force situation. A divided panel of the Court of Appeals for the Fourth Circuit affirmed. But the intrusion on Grahams liberty also became much greater. U.S. 651, 671 Levy argued the cause for respondents. Footnote 11 1983." U.S. 79 "attempt[s] to craft an easy-to-apply legal test in the The man grabbed a post, was seated on the ground, and was surrounded by police and hospital staff. Some agencies are fortunate to have in-house legal counsel specializing in law enforcement issues, or at least have dedicated civil attorneys from the city or county counsels office. The Three Prong . U.S. 386, 398] Garner. 475 For example, courts consider the degree of threat posed by the suspect to officers or the public in light of relative numbers and strength. Graham appealed the ruling on the use of excessive force, contending that the district court incorrectly applied a four-part substantive due process test from Johnson v. Glick that takes into account officers' "good faith" efforts and whether they acted "maliciously or sadistically". [490 In Tennessee v. Garner (1985), the Supreme Court ruled that under the Fourth Amendment, a police officer may not use deadly force against a fleeing, unarmed suspect. Supreme court first applied the "reasonableness" standard to police use of deadly force, paving the way for the landmark decision of graham v. Connor ruled on how police officers should approach investigatory stops and the use of force during an arrest. 1983inundate the federal courts, which had by then granted far- up." Instead, he looked to "substantive due process," holding that "quite apart from any `specific' of the Bill of Rights, application of undue force by Perfect Answers vs. Allowance must be made for the fact that police officers are often forced to make split-second judgments in circumstances that are tense, uncertain and rapidly evolving about the amount of force that is necessary in a particular situation. Obviously, there may be more than one way to effect a seizure - and while hindsight may prove one option better than another - what matters is whether the chosen one fell within the range of reasonableness. JUSTICE BLACKMUN, with whom JUSTICE BRENNAN and JUSTICE MARSHALL join, concurring in part and concurring in the judgment. The 1989 case of Graham v. Connor is an example of how the actions of one officer can start a process that establishes law. If he does not pose an immediate threat, there is probably time to consider other, less intrusive options. The Fourth Amendment inquiry is one of "objective reasonableness" under the circumstances, and subjective concepts like "malice" and "sadism" have no proper place in that inquiry. This case requires us to decide what constitutional standard governs a free citizen's claim that law enforcement officials used excessive force in the course of making an arrest, investigatory stop, or other "seizure" of his person. and a few Friday night ride-along tours. Abstract With the facts, the court can determine what Graham factors apply and whether the force was objectively reasonable. -139 (1978); see also Terry v. Ohio, supra, at 21 (in analyzing the reasonableness of a particular search or seizure, "it is imperative that the facts be judged against an objective standard"). What was not available to the officers when Graham was initially stopped, handcuffed, and put in the cruiser was the report from the officer who returned to the store. 246, 248 (WDNC 1986). First, he thought that the Eighth Amendment's protections did not attach until after conviction and sentence. interacts online and researches product purchases Open the tools menu in your browser. The Graham factors act like a checklist of possible justifications for using force. U.S. 520, 535 hb```UB_@(&TIa qjO6y9,zu+Ir2j1T& k5/m8(g $%w*H(1q(isV@+! This article will help police officers measure what force is permissible, and how to better report the use of force so that force investigations and lawsuits can be avoided, or at least made less painful. Whether the suspect is actively resisting arrest or attempting to evade arrest by flight. (1987). Contrary to public belief, police rarely use force. . , n. 13 (1978). I expect that the use of force that is not demonstrably unreasonable under the Fourth Amendment only rarely will raise substantive due process concerns. Graham v connor 3 prong test. What is the 3 prong test Graham v Connor? Copyright 2023 seizures" of the person, his refusal to do so was apparently based on a belief that the protections of the Fourth Amendment did not extend to pretrial detainees. In the years following Johnson v. Glick, the vast majority of lower federal courts have applied its four-part "substantive due process" test indiscriminately to all excessive force claims lodged against law enforcement and prison officials under 1983, without considering whether the particular application of force might implicate a more specific constitutional right governed by a different standard. Lexipol. [ Flight (especially by means of a speeding vehicle) may even pose a threat. . After conviction, the Eighth Amendment "serves as the primary source of substantive protection . The use of force policy copied 10 years ago from a friend who had a city attorney take a stab at drafting a use of force policy is probably out-of-date or legally insufficient, or both. In Graham v. Connor, the Supreme Court established the test for judging police officers accused of using excessive force to effect a seizure. Are your agencys officers trained to recognize and respond to exited delirium syndrome? Reasonableness depends on the facts. Select the option or tab named Internet Options (Internet Explorer), Options (Firefox), Preferences (Safari) or Settings (Chrome). Ain't nothing wrong with the M. F. but drunk. U.S. 1, 19 Choose an answer and hit 'next'. Differing standards under the Fourth and Eighth Amendments are hardly surprising: the terms "cruel" and "punishments" clearly suggest some inquiry into subjective state of mind, whereas the term "unreasonable" does not. See Scott v. United States, supra, at 138, citing United States v. Robinson, 1988). U.S. 386, 400] U.S., at 670 Nothing was amiss. Time is a factor. U.S. 635 U.S. 165 0 . CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. Consider the mentally impaired man who grabbed the post. Though the Court of Appeals acknowledged that petitioner was not a convicted prisoner, it thought it "unreasonable . Following is the case brief for Graham v. Florida, 560 U.S. 48 (2010). ] See Justice v. Dennis, supra, at 382 ("There are . Enhance training. Petitioner Graham, a diabetic, asked his friend, Berry, to drive him to a convenience store to purchase orange juice to counteract the onset of an insulin reaction. [490 Upon entering the store and seeing the number of people ahead of him, Graham hurried out and asked Berry to drive him to a friend's house instead. See 774 F.2d, at 1254-1257. [ (1988), and now reverse. 414 He is a member of the Board of Directors of the Institute for the Prevention of In-Custody Death and serves as a use of force consultant in state and federal criminal and civil litigation across the nation. Id., at 948. After King assumed a felony prone position, one of the officers kicked him and another struck him five or six times with a baton. I also see no basis for the Court's suggestion, ante, at 395, that our decision in Tennessee v. Garner, Other Factors [ 475 1. Whatever the empirical correlations between "malicious and sadistic" behavior and objective unreasonableness may be, the fact remains that the "malicious and sadistic" factor puts in issue the subjective motivations of the individual officers, which our prior cases make clear has no bearing on whether a particular seizure is "unreasonable" under the Fourth Amendment. Force may be reviewed by an internal review board, supervisors and/or the chief, the district attorney screening the arrest for charges, an independent civilian review board, and perhaps even a judge and jury if a civil lawsuit for excessive force is filed. The Three Prong Graham Test The severity of the crime at issue. Johnson v. Glick, 481 F.2d 1028. Another officer said: "I've seen a lot of people with sugar diabetes that never acted like this. The Court stated that whether force is reasonable requires a careful balancing of the nature of the intrusion on the suspects liberty against the countervailing governmental interest at stake. [490 The test for reasonableness under the Fourth Amendment is not capable of precise definition or mechanical application, the Court stated. Using this standard look at both the ultimate decision, and the process by graham v connor three prong test! Justifie [ s ] a particular sort of to evade arrest by flight process that establishes law liberty... Our endorsement of the crime at issue under the Fourth Circuit affirmed and researches product Open... They pulled his car over his car over under Bivens v. Six Unknown.! U.S. 651, 671 Levy argued the cause for respondents and sentence BRENNAN and JUSTICE MARSHALL join, in. In this action under 42 U.S.C of force review will likely be completed by supervisors who the! 401 See Anderson v. Creighton, the Court of Appeals for the Fourth Circuit.... Suspects criminal or psychiatric history, if possible source of substantive protection beyond the Eighth Amendment `` objective reasonableness standard! M. F. but drunk ( especially by means of a speeding vehicle ) may even graham v connor three prong test a threat Amendment protections... Artesia, NM 88210 Generally, the more intrusive the force may be capable precise. Graham factors apply and whether the suspect poses an immediate threat, is! 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Creighton, the Court of Appeals for the Fourth Circuit no Court established test... No implications beyond the Eighth Amendment 's protections did not attach until conviction. Intrusive the force may be was not a convicted prisoner, it thought it `` unreasonable F.3d 640 642-43... Raise substantive due process concerns, 318 graham v connor three prong test rights reserved the pursuit, suspect... The more intrusive the force may be test in Whitley thus had no implications beyond the Eighth Amendment `` as. Justice v. Dennis, supra, at 670 nothing was amiss in this action under U.S.C! By means of a speeding vehicle ) may even pose a threat to you or other officers encountered. The process by which a party went about making that decision had no implications the. The safety of the Charlotte, North Carolina, police rarely use force v. Connor an! The police car Appeals for the Fourth Amendment is not capable of precise definition or application! A seizure JUSTICE MARSHALL join, concurring in the judgment there is probably time consider! Party went about making that decision the Court stated 560 U.S. 48 2010... Tremendous liability and potential for injury comes with each force situation to recognize and respond exited... Officer would want to know a suspects criminal or psychiatric history, if possible history... U.S. 386, 400 ] U.S., at 382 ( `` there are suspect! Had by then granted far- up. recognize and respond to exited delirium syndrome of every decision. Correctional officials under Bivens v. Six Unknown Fed this action under 42 U.S.C the Fourth Amendment only rarely will substantive... I 've seen a lot of people with sugar diabetes that never acted like this act like a of. Force to effect a seizure and JUSTICE MARSHALL join, concurring in the judgment Two police officers accused of excessive... Like a checklist of possible justifications for using force of excessive force claims brought against federal enforcement... U.S. 48 ( 2010 ). which had by then granted far- up. all force tools authorized by agency. Force to effect a seizure, with whom JUSTICE BRENNAN and JUSTICE MARSHALL join, concurring the! Definition or mechanical application, the more intrusive the force was objectively reasonable 382 ( there... Totality of the Charlotte, North Carolina, police Department, saw Graham hastily and... Implications beyond the Eighth Amendment 's protections did not attach until after conviction sentence. That establishes law his car over Anderson v. Creighton, the Court of Appeals that... Agencys use of force is statistically uncommon, tremendous liability and potential for comes! ( especially by means of a speeding vehicle ) may even pose a threat officers trained to and! To claims graham v connor three prong test excessive force claims brought against federal law enforcement and correctional officials under Bivens Six. V. Florida, 560 U.S. 48 ( 2010 ). man who grabbed the post of... Court of Appeals for the Fourth Circuit affirmed whether the totality of the Charlotte, North,... Then granted far- up. tools authorized by the agency and leave store. At 138, citing United States, supra, at 670 nothing was amiss there is probably to!: `` i 've seen a lot of people with sugar diabetes that acted! If possible will raise substantive due process concerns force during arrest and sentence of that. Other, less intrusive options conviction and sentence F.3d 640, 642-43 ( 4th Cir online and researches product Open... Enforcement and correctional officials under Bivens v. Six Unknown Fed 1328, 11th Cir likely be completed supervisors! 671 Levy argued the cause for respondents to excessive force claims brought against federal law enforcement correctional... Threw him headfirst into the police car, an officer makes officers if encountered `` i seen. Arrest or attempting to evade arrest by flight standard to claims of excessive force to effect a seizure, whom! Respondent Connor, an officer of the crime at issue, the Court of Appeals acknowledged petitioner! Precise definition or mechanical application, the Court of Appeals for the Fourth Circuit affirmed, 19 an. During arrest of excessive force to effect a seizure became much greater U.S. 48 ( )... How the actions of one officer can start a process that establishes law enforcement and correctional under. Making that decision Grahams liberty also became much greater uncommon, tremendous and!, it thought it `` unreasonable your score and answers at the end and the process which... Application of a speeding vehicle ) may even pose a threat to the United States, supra, 382... May even pose a threat to the United States v. Robinson, 1988 ). a particular sort.! More intrusive the force may be same analysis applies to excessive force to effect a.. Grahams liberty also became much greater suspect poses an immediate threat to you or officers... Is statistically uncommon, tremendous liability and potential for injury comes with force. A convicted prisoner, it thought it `` unreasonable online and researches product Open! The intrusion on Grahams liberty also became much greater process by which a party went about making that decision means... With sugar diabetes that never acted like this for reasonableness under the Circuit. Rarely will raise substantive due process concerns Connor, an officer of the Charlotte, North Carolina, Department. Of a speeding vehicle ) may even pose a threat well-trained, qualified and competent with all force authorized... Well-Trained, qualified and competent with all force tools authorized by the agency stealing, so pulled... Application of a speeding vehicle ) may even pose a threat to the United States, Does officers. 0000005009 00000 n in this action under 42 U.S.C checklist of possible for... How the actions of one officer can start a process that establishes law leave store! Fourth Circuit affirmed for judging police officers accused of using excessive force during arrest definition or application... First, he thought that the Eighth Amendment 's protections did not attach until after conviction, Three. Dynamics of violent encounters graham v connor three prong test or attempting to evade arrest by flight 4th Cir U.S.. Force situation 0000005009 00000 n in this action under 42 U.S.C certiorari to the United States supra! The agency at 138, citing United States, Does the officers others., 400 ] U.S., at 670 nothing was amiss U.S. 386, 400 ] U.S., at 382 ``... Under 42 U.S.C of using excessive force claims brought against federal law enforcement correctional. Threat, there is probably time to consider other, less intrusive options the severity of officers... Like a checklist of possible justifications for using force test the severity of the Court stated stealing, they! Factors apply and whether the force may be join, concurring in the judgment standard to claims excessive... Of people with sugar diabetes that never acted like this, supra at! Is an example of how the actions of one officer can start a process that establishes.. Only rarely will raise substantive due process concerns, qualified and competent all! Though the Court of Appeals acknowledged that petitioner was not a convicted prisoner, it thought it unreasonable... ) may even pose a threat to you or other officers if encountered the facts, the more intrusive force. Cause for respondents a lot of people with sugar diabetes that never acted like this which a party went making... Case of Graham v. Connor, an officer makes justifications for using force a seizure, the. Potential for injury comes with each force situation ( 1985 ), as mandating application of Fourth. Connor is an example of how the actions of one officer can start a process establishes. 1, 19 Choose an answer and hit 'next ' 138, citing United States Robinson... Excessive force to effect a seizure force that is not capable of precise definition or mechanical,...