{"id":32251,"date":"2018-03-18T07:22:26","date_gmt":"2018-03-18T12:22:26","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=32251"},"modified":"2018-03-18T07:22:26","modified_gmt":"2018-03-18T12:22:26","slug":"ca9-pro-se-ptfs-allegation-that-the-officers-beat-the-crap-out-of-him-was-not-too-vague-and-conclusory-to-support-an-excessive-force-claim","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=32251","title":{"rendered":"CA9: Pro se ptf&#8217;s allegation that the officers &#8220;beat the crap out of&#8221; him was not too vague and conclusory to support an excessive force claim"},"content":{"rendered":"<p>\u201c[T]he allegation that the officers \u2018beat the crap out of\u2019 plaintiff was [not] too vague and conclusory to support a legally cognizable claim. The panel held that plaintiff&#8217;s use of a colloquial, shorthand phrase made plain that he was alleging that the officers&#8217; use of force was unreasonably excessive; this conclusion was reinforced by his allegations about the resulting injuries.\u201d Plaintiff\u2019s allegations about the force of his arrest didn\u2019t invoke the Heck v. Humphrey bar. <a href=\"http:\/\/cdn.ca9.uscourts.gov\/datastore\/opinions\/2018\/03\/16\/16-16152.pdf\">Byrd v. Phoenix Police Dep&#8217;t<\/a>, 2018 U.S. App. LEXIS 6575 (9th Cir. Mar. 16, 2018). <\/p>\n<p>The trial court\u2019s findings of consent and findings of fact are entitled to deference. The appellate court isn\u2019t obliged to consider the alternative to what the trial court found when the evidence supports the trial court\u2019s findings. <a href=\"http:\/\/www.ca5.uscourts.gov\/opinions\/unpub\/17\/17-50467.0.pdf\">United States v. Ebrom<\/a>, 2018 U.S. App. LEXIS 6653 (5th Cir. Mar. 16, 2018).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>\u201c[T]he allegation that the officers \u2018beat the crap out of\u2019 plaintiff was [not] too vague and conclusory to support a legally cognizable claim. The panel held that plaintiff&#8217;s use of a colloquial, shorthand phrase made plain that he was alleging &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=32251\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[45,52,96],"tags":[],"class_list":["post-32251","post","type-post","status-publish","format-standard","hentry","category-45","category-excessive-force","category-standards-of-review"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/32251","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=32251"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/32251\/revisions"}],"predecessor-version":[{"id":32252,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/32251\/revisions\/32252"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=32251"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=32251"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=32251"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}