NCJ Number
117685
Journal
St. John's Law Review Volume: 62 Issue: 4 Dated: (Summer 1988) Pages: 735-750
Date Published
1988
Length
16 pages
Annotation
In Justice v. Dennis, the Court of Appeals for the Fourth Circuit held that liability for the use of excessive force by an arresting police officer should be determined by applying the due process 'shocks the conscience' standard rather than the Fourth Amendment 'reasonableness' test.
Abstract
The plaintiff was arrested for driving under the influence of alcohol. His behavior prompted the arresting officer to request a fellow police officer's assistance in moving him to the booking area. The plaintiff subsequently brought a civil rights action against the police officer, alleging that the police officer used brutal and excessive force against him and deprived him of liberty without due process of law. The jury returned a verdict in favor of the police officer. The plaintiff appealed, and the Court of Appeals for the Fourth Circuit used the due process 'shocks the conscience' standard to determine whether the arrested person was subjected to excessive force immediately following his arrest. By choosing this standard over the Fourth Amendment 'reasonableness' standard, the Court provided the police officer with an unjustifiably high level of protection from excessive force claims. Although police officers' duty to subdue and maintain control over criminal suspects should not be hampered by the fear that a decision to use force may subject them to civil liability, the judiciary must oversee police conduct to insure that the bounds of privilege are not overstepped in violation of the arrested person's constitutional rights. 83 references.