Robert Phillips
- Ref # CAC00071
- May 17, 2022
The Fourteenth Amendment Due Process and the Use of Deadly Force
CASE LAW
- Fourteenth Amendment Due Process and the Use of Deadly Force
- Fourteenth Amendment and “Shocking the Conscience"
- Fourteenth Amendment vs. Fourth Amendment Excessive Force Lawsuits
RULES
Proving a Fourteenth Amendment due process violation in an excessive use of force case requires proof that the officers’ actions “shocked the conscience.” While “shocking the conscience” is a necessary element of an alleged Fourteenth Amendment violation, it is not an element of a Fourth Amendment excessive force violation. However, a decedent’s Fourth Amendment rights, where it is alleged that excessive force was used against a decedent, are personal rights which may not be vicariously ....
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