The Eighth Amendment applies to excessive force claims in prison; the Fourth Amendment to free worlders. Rodriguez v. United States, 2021 U.S. Dist. LEXIS 4100 (E.D. Cal. Jan. 7, 2021).
The court believes the officer over the defendant on whether the vehicle moved over the centerline while driving. United States v. Chavez, 2021 U.S. Dist. LEXIS 4112 (E.D.. Cal. Jan. 8, 2021).*
The undisputed facts in the police reports submitted on the motion to suppress shows that there was reasonable suspicion on the totality, including for defendant, a passenger in the car. There was evidence that he brandished a firearm, too. “Defendant’s precise role in the event and his subjective intent are not central to the reasonableness inquiry. Officers had been informed by those present at the scene that Defendant had threateningly brandished a handgun during the altercation and another individual had activated a taser.” United States v. Green, 2021 U.S. Dist. LEXIS 4036 (M.D. Pa. Jan. 8, 2021).*