Hoard v. Hartman

To win an excessive force suit, a plaintiff need not show an officer enjoyed beating them up, just that the officer intended to cause harm. So says the Ninth Circuit (splitting with the Eighth). So new trial for an inmate at Malheur County, Ore. prison who alleges he was not resisting when a guard repeatedly bashed his head against a concrete floor and steel door; the jury was erroneously instructed that the inmate needed to show the guard was not just cruel but also sadistic.

Tags: 2018, 42 USC 1983, Eighth Circuit, Excessive Force, Fourth Amendment, Ninth Circuit, Qualified Immunity

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