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 Salt Lake
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Multi-State
County:
Salt Lake
Control #:
US-000280
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FAQ
Any unjustified escalation of force violates the civil rights of the individuals involved. Excessive force can take many forms, ranging from unnecessary physical violence to the misuse of tasers, batons, or firearms.
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.
300.3 USE OF FORCE Officers shall use only that amount of force that reasonably appears necessary given the facts and circumstances perceived by the officer at the time of the event to accomplish a legitimate law enforcement purpose.
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.
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.
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.
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.