This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
4th Amendment Excessive Force In Philadelphia
Category:
State:
Multi-State
County:
Philadelphia
Control #:
US-000280
Format:
Word;
Rich Text
Instant download
Description
Free preview
Form popularity
FAQ
A powerful force refers to the capacity to push or pull objects, influencing their motion. Examples include gravity, electromagnetism, and the strong and weak nuclear forces.
Excessive force can take many forms, ranging from unnecessary physical violence to the misuse of tasers, batons, or firearms. These incidents can lead to severe injuries, wrongful deaths, and long-lasting psychological trauma.
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.
Excessive force claims are civil suits, so the burden of proof is on the plaintiff. If you are pursuing a civil rights case against law enforcement, it falls on you to provide enough evidence for the court to determine that your civil rights were violated.
Exerting excessive force. Examples include lifting heavy objects or people, pushing or pulling heavy loads, manually pouring materials, or maintaining control of equipment or tools.
Examples of Constant Force Gravity: Motion of an object on the surface subjected to the pull of the earth's gravity. Cycling: Cycling can also be considered as an example of constant force. In a condition, To keep the speed of the cycle constant, it is required to apply a force in a constant manner.
Reduce excessive force — lighten the load, use mechanical-assist devices and carts, use larger muscle groups, and/or get assistance from a co-worker. Reduce excessive motions — optimize human motions and use mechanical- assist devices like power tools.
Proving Excessive Force You do not have to prove this beyond a reasonable doubt, but only by a preponderance of the evidence, essentially showing the excessive force “more likely than not” occurred.
The Standard Whether the force used is excessive depends on “whether the officers' actions are “objectively reasonable” in light of the facts and circumstances confronting them, without regard to their underlying intent or motivation.” Graham v. Connor, 490 U.S. 386, 397, 109 S. Ct.
Objective facts must indicate that the person posed an immediate threat right before the officer used force. Other relevant factors include whether the person was committing a crime, as well as whether the person was trying to flee.