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Supreme Court of the United States - 490 U.S. 386, 104 L. Ed. 2d 443, 109 S. Ct. 1865, SCDB 1988-084, 1989 U.S. LEXIS 2467
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The Supreme Court held that excessive force claims by law enforcement officials during an investigatory stop must be analyzed under the Fourth Amendment's "objective reasonableness" standard. The lower court erred in granting a directed verdict for the respondents and used the wrong law to make their decision. The use of force must be objectively reasonable to be constitutional, and the reasonableness of a particular use of force must be judged objectively from the perspective of a reasonable officer on the scene. Claims that law enforcement officers have used excessive force in the course of an arrest, investigatory stop, or other seizure of a free citizen should be analyzed under the Fourth Amendment's reasonableness standard. The case involved a diabetic petitioner who was mistreated by police officers during an insulin reaction, and the petitioner sustained several injuries during the encounter.
Justice Blackmun, along with Justices Brennan and Marshall, agrees with the Court's opinion that the Fourth Amendment is the primary tool for analyzing claims of excessive force in the prearrest context. They also agree with the judgment to remand the case to the Court of Appeals for reconsideration of the evidence under a reasonableness standard. However, Justice Blackmun disagrees with the Court's decision to further decide that prearrest excessive force claims are to be analyzed under the Fourth Amendment rather than under a substantive due process standard. They believe that the Court should have left the question for another day and not foreclose the use of substantive due process analysis in prearrest cases until they are faced with a case where the question is squarely raised and its merits are subjected to adversary presentation.
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