Large numbers of §1983 complaints allege that a law enforcement officer used excessive force to arrest or seize the plaintiff. The plaintiff and the officer typically assert sharply different versions of the encounter. If the case goes to trial the parties are likely to battle over the admissibility of various types of evidence. My purpose in this two-part series is to analyze recent evidentiary developments in §1983 Fourth Amendment excessive force cases.
The issues in this first part include the admissibility of evidence of: the plaintiff’s medical condition; the injuries suffered by the plaintiff; that the plaintiff was a member of a gang; and that the plaintiff was attempting to commit “suicide by cop.” The issues analyzed in Part II will include the admissibility of evidence: of other lawsuits filed by the plaintiff; that the defendant officer used excessive force on other occasions; of prevailing police practices and standards; and the admissibility of expert testimony on police use of force.
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