Section 1983 Litigation

SCOTUS Rejects Excessive Force 'Provocation' Doctrine, Invokes Proximate Cause

, New York Law Journal


In his Section 1983 Litigation column, Martin A. Schwartz writes that the U.S. Supreme Court recently overturned the Ninth Circuit's "provocation doctrine" on the ground that it was inconsistent with Fourth Amendment excessive force jurisprudence. The court held that whether officers who conduct an unconstitutional search are liable for injuries from their subsequent use of force depends upon the application of traditional proximate cause principles—but applying proximate causation in these circumstances is easier said than done.

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Originally appeared in print as SCOTUS Rejects Excessive Force 'Provocation' Doctrine

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