graham connor argued february decided may petitioner graham diabetic asked friend berry drive convenience store purchase orange juice counteract onset insulin reaction upon entering store seeing number people ahead graham hurried asked berry drive friend house instead respondent connor city police officer became suspicious seeing graham hastily enter leave store followed berry car made investigative stop ordering pair wait found happened store respondent backup police officers arrived scene handcuffed graham ignored rebuffed attempts explain treat graham condition encounter graham sustained multiple injuries released connor learned nothing happened store graham filed suit district respondents alleging used excessive force making stop violation rights secured fourteenth amendment constitution district granted respondents motion directed verdict close graham evidence applying test determining excessive use force gives rise cause action inquires inter alia whether force applied effort maintain restore discipline maliciously sadistically purpose causing harm johnson glick appeals affirmed endorsing test generally applicable claims constitutionally excessive force brought government officials rejecting graham argument error require prove allegedly excessive force applied maliciously sadistically cause harm holding reasonable jury applying johnson glick test evidence find force applied constitutionally excessive held claims law enforcement officials used excessive force deadly course arrest investigatory stop seizure free citizen properly analyzed fourth amendment objective reasonableness standard rather substantive due process standard pp notion excessive force claims brought governed single generic standard rejected instead courts must identify specific constitutional right allegedly infringed challenged application force judge claim reference specific constitutional standard governs right pp claims law enforcement officials used excessive force course arrest investigatory stop seizure free citizen properly characterized invoking protections fourth amendment guarantees citizens right secure persons unreasonable seizures must judged reference fourth amendment reasonableness standard pp fourth amendment reasonableness inquiry whether officers actions objectively reasonable light facts circumstances confronting without regard underlying intent motivation reasonableness particular use force must judged perspective reasonable officer scene calculus must embody allowance fact police officers often forced make decisions amount force necessary particular situation pp johnson glick test applied courts incompatible proper fourth amendment analysis suggestion test malicious sadistic inquiry merely another way describing conduct objectively unreasonable circumstances rejected also rejected conclusion individual officers subjective motivations central importance deciding whether force used convicted prisoner violates eighth amendment reversible error inquire deciding whether force used suspect arrestee violates fourth amendment eighth amendment terms cruel punishments clearly suggest inquiry subjective state mind whereas fourth amendment term unreasonable moreover less protective eighth amendment standard applies state complied constitutional guarantees traditionally associated criminal prosecutions pp rehnquist delivered opinion white stevens scalia kennedy joined blackmun filed opinion concurring part concurring judgment brennan marshall joined post gerald beaver argued cause petitioner briefs richard glazier mark levy argued cause respondents brief frank aycock iii briefs amici curiae urging reversal filed solicitor general fried assistant attorney general reynolds deputy assistant attorney general clegg david shapiro brian martin david flynn american civil liberties union et al steven shapiro lacy thornburg attorney general north carolina isaac avery iii special deputy attorney general linda anne morris assistant attorney general filed brief state north carolina amicus curiae urging affirmance chief justice rehnquist delivered opinion case requires us decide constitutional standard governs free citizen claim law enforcement officials used excessive force course making arrest investigatory stop seizure person hold claims properly analyzed fourth amendment objective reasonableness standard rather substantive due process standard action petitioner dethorne graham seeks recover damages injuries allegedly sustained law enforcement officers used physical force course investigatory stop case comes us decision appeals affirming entry directed verdict respondents take evidence hereafter noted light favorable petitioner november graham diabetic felt onset insulin reaction asked friend william berry drive nearby convenience store purchase orange juice counteract reaction berry agreed graham entered store saw number people ahead checkout line concerned delay hurried store asked berry drive friend house instead respondent connor officer charlotte north carolina police department saw graham hastily enter leave store officer became suspicious something amiss followed berry car mile store made investigative stop although berry told connor graham simply suffering sugar reaction officer ordered berry graham wait found anything happened convenience store officer connor returned patrol car call backup assistance graham got car ran around twice finally sat curb passed briefly ensuing confusion number charlotte police officers arrived scene response officer connor request backup one officers rolled graham sidewalk cuffed hands tightly behind back ignoring berry pleas get sugar another officer said seen lot people sugar diabetes never acted like ai nothing wrong drunk lock app several officers lifted graham behind carried berry car placed face hood regaining consciousness graham asked officers check wallet diabetic decal carried response one officers told shut shoved face hood car four officers grabbed graham threw headfirst police car friend graham brought orange juice car officers refused let finally officer connor received report graham done nothing wrong convenience store officers drove home released point encounter police graham sustained broken foot cuts wrists bruised forehead injured shoulder also claims developed loud ringing right ear continues day commenced action individual officers involved incident respondents alleging used excessive force making investigatory stop violation rights secured fourteenth amendment constitution complaint app case tried jury close petitioner evidence respondents moved directed verdict ruling motion district considered following four factors identified factors considered determining excessive use force gives rise cause action need application force relationship need amount force used extent injury inflicted hether force applied good faith effort maintain restore discipline maliciously sadistically purpose causing harm supp wdnc finding amount force used officers appropriate circumstances discernable injury inflicted force used applied maliciously sadistically purpose causing harm good faith effort maintain restore order face potentially explosive situation district granted respondents motion directed verdict divided panel appeals fourth circuit affirmed majority ruled first district applied correct legal standard assessing petitioner excessive force claim without attempting identify specific constitutional provision claim arose majority endorsed test applied district generally applicable claims constitutionally excessive force brought governmental officials majority rejected petitioner argument based circuit precedent error require prove allegedly excessive force used applied maliciously sadistically purpose causing harm ibid finally majority held reasonable jury applying test endorsed petitioner evidence find force applied constitutionally excessive dissenting judge argued decisions terry ohio tennessee garner required excessive force claims arising investigatory stops analyzed fourth amendment objective reasonableness standard granted certiorari reverse fifteen years ago johnson glick cert denied appeals second circuit addressed damages claim filed pretrial detainee claimed guard assaulted without justification evaluating detainee claim judge friendly applied neither fourth amendment eighth two textually obvious sources constitutional protection physically abusive governmental conduct instead looked substantive due process holding quite apart specific bill rights application undue force law enforcement officers deprives suspect liberty without due process law support proposition relied upon decision rochin california used due process clause void state criminal conviction based evidence obtained pumping defendant stomach police officer use force shocks conscience justify setting aside criminal conviction judge friendly reasoned correctional officer use similarly excessive force must give rise due process violation actionable ibid judge friendly went set forth four factors guide courts determining whether constitutional line crossed particular use force four factors relied upon courts case years following johnson glick vast majority lower federal courts applied substantive due process test indiscriminately excessive force claims lodged law enforcement prison officials without considering whether particular application force might implicate specific constitutional right governed different standard indeed many courts seemed assume courts case generic right free excessive force grounded particular constitutional provision rather basic principles jurisprudence reject notion excessive force claims brought governed single generic standard said many times source substantive rights merely provides method vindicating federal rights elsewhere conferred baker mccollan addressing excessive force claim brought analysis begins identifying specific constitutional right allegedly infringed challenged application force see first inquiry suit isolate precise constitutional violation defendant charged instances either fourth amendment prohibition unreasonable seizures person eighth amendment ban cruel unusual punishments two primary sources constitutional protection physically abusive governmental conduct validity claim must judged reference specific constitutional standard governs right rather generalized excessive force standard see tennessee garner supra claim excessive force effect arrest analyzed fourth amendment standard whitley albers claim excessive force subdue convicted prisoner analyzed eighth amendment standard excessive force claim arises context arrest investigatory stop free citizen properly characterized one invoking protections fourth amendment guarantees citizens right secure persons unreasonable seizures person much clear decision tennessee garner supra garner addressed claim use deadly force apprehend fleeing suspect appear armed otherwise dangerous violated suspect constitutional rights notwithstanding existence probable cause arrest though complaint alleged violations fourth amendment due process clause see analyzed constitutionality challenged application force solely reference fourth amendment prohibition unreasonable seizures person holding reasonableness particular seizure depends made also carried today make explicit implicit garner analysis hold claims law enforcement officers used excessive force deadly course arrest investigatory stop seizure free citizen analyzed fourth amendment reasonableness standard rather substantive due process approach fourth amendment provides explicit textual source constitutional protection sort physically intrusive governmental conduct amendment generalized notion substantive due process must guide analyzing claims determining whether force used effect particular seizure reasonable fourth amendment requires careful balancing nature quality intrusion individual fourth amendment interests countervailing governmental interests stake quoting place fourth amendment jurisprudence long recognized right make arrest investigatory stop necessarily carries right use degree physical coercion threat thereof effect see terry ohio test reasonableness fourth amendment capable precise definition mechanical application bell wolfish however proper application requires careful attention facts circumstances particular case including severity crime issue whether suspect poses immediate threat safety officers others whether actively resisting arrest attempting evade arrest flight see tennessee garner question whether totality circumstances justifie particular sort seizure reasonableness particular use force must judged perspective reasonable officer scene rather vision hindsight see terry ohio supra fourth amendment violated arrest based probable cause even though wrong person arrested hill california mistaken execution valid search warrant wrong premises maryland garrison respect claim excessive force standard reasonableness moment applies every push shove even may later seem unnecessary peace judge chambers johnson glick violates fourth amendment calculus reasonableness must embody allowance fact police officers often forced make judgments circumstances tense uncertain rapidly evolving amount force necessary particular situation fourth amendment contexts however reasonableness inquiry excessive force case objective one question whether officers actions objectively reasonable light facts circumstances confronting without regard underlying intent motivation see scott see also terry ohio supra analyzing reasonableness particular search seizure imperative facts judged objective standard officer evil intentions make fourth amendment violation objectively reasonable use force officer good intentions make objectively unreasonable use force constitutional see scott supra citing robinson petitioner excessive force claim one arising fourth amendment appeals erred analyzing johnson glick test test requires consideration whether individual officers acted good faith maliciously sadistically purpose causing harm incompatible proper fourth amendment analysis agree appeals suggestion see malicious sadistic inquiry merely another way describing conduct objectively unreasonable circumstances whatever empirical correlations malicious sadistic behavior objective unreasonableness may fact remains malicious sadistic factor puts issue subjective motivations individual officers prior cases make clear bearing whether particular seizure unreasonable fourth amendment agree appeals conclusion see subjective motivations individual officers central importance deciding whether force used convicted prisoner violates eighth amendment see whitley albers reversible error inquire deciding whether force used suspect arrestee violates fourth amendment differing standards fourth eighth amendments hardly surprising terms cruel punishments clearly suggest inquiry subjective state mind whereas term unreasonable moreover less protective eighth amendment standard applies state complied constitutional guarantees traditionally associated criminal prosecutions ingraham wright fourth amendment inquiry one objective reasonableness circumstances subjective concepts like malice sadism proper place inquiry appeals reviewed district ruling motion directed verdict erroneous view governing substantive law judgment must vacated case remanded reconsideration issue proper fourth amendment standard ordered footnotes petitioner also asserted pendent claims assault false imprisonment intentional infliction emotional distress claims dismissed case majority note graham incarcerated prisoner complaint excessive force therefore arise eighth amendment however made effort identify constitutional basis claim petitioner argument based primarily kidd read decision tennessee garner mandating application fourth amendment objective reasonableness standard claims excessive force arrest see reasoning kidd subsequently rejected en banc fourth circuit justice dennis cert pending majority noted whitley albers held question whether physical force used convicted prisoners course quelling prison riot violates eighth amendment ultimately turns whether force applied good faith effort maintain restore discipline maliciously sadistically purpose causing harm quoting whitley albers supra though appeals acknowledged petitioner convicted prisoner thought unreasonable suggest conceptual factor central one type excessive force claim reversible error merely considered another context judge friendly apply eighth amendment cruel unusual punishments clause detainee claim two reasons first thought eighth amendment protections attach conviction sentence view confirmed ingraham wright eighth amendment scrutiny appropriate state complied constitutional guarantees traditionally associated criminal prosecutions second expressed doubt whether spontaneous attack prison guard done without authorization prison officials fell within traditional eighth amendment definition punishments although judge friendly gave reason analyzing detainee claim fourth amendment prohibition unreasonable seizures person refusal apparently based belief protections fourth amendment extend pretrial detainees see noting courts faced challenges conditions pretrial detention primarily based analysis directly due process clause see infra see freyermuth rethinking excessive force duke nn collecting cases see justice dennis supra certain basic principles section jurisprudence relates claims excessive force beyond question hether factual circumstances involve arrestee pretrial detainee prisoner analysis applies excessive force claims brought federal law enforcement correctional officials bivens six unknown fed narcotics agents seizure triggering fourth amendment protections occurs government actors means physical force show authority way restrained liberty citizen terry ohio see brower county inyo cases resolved question whether fourth amendment continues provide individuals protection deliberate use excessive physical force beyond point arrest ends pretrial detention begins attempt answer question today clear however due process clause protects pretrial detainee use excessive force amounts punishment see bell wolfish conviction eighth amendment serves primary source substantive protection cases deliberate use force challenged excessive unjustified whitley albers protection substantive due process affords convicted prisoners excessive force held best redundant provided eighth amendment ibid whitley addressed claim brought convicted prisoner claimed prison officials violated eighth amendment rights shooting knee prison riot began eighth amendment analysis reiterating maxim eighth amendment violation requires proof unnecessary wanton infliction pain quoting ingraham wright turn quoting estelle gamble went say prison officials use physical force inmate restore order face prison disturbance question whether measure taken inflicted unnecessary wanton pain ultimately turns whether force applied good faith effort maintain restore discipline maliciously sadistically purpose causing harm emphasis added quoting johnson glick also suggested prongs johnson glick test might useful analyzing excessive force claims brought eighth amendment made clear judge friendly test talismanic formula generally applicable excessive force claims four factors help focus central inquiry eighth amendment context whether particular use force amounts unnecessary wanton infliction pain see endorsement johnson glick test whitley thus implications beyond eighth amendment context course assessing credibility officer account circumstances prompted use force factfinder may consider along factors evidence officer may harbored toward citizen see scott similarly officer objective good faith whether reasonably believed force used violate fourth amendment may relevant availability qualified immunity defense monetary liability see anderson creighton since claim qualified immunity raised case however express view proper application excessive force cases arise fourth amendment justice blackmun justice brennan justice marshall join concurring part concurring judgment join opinion insofar rules fourth amendment primary tool analyzing claims excessive force prearrest context concur judgment remanding case appeals reconsideration evidence reasonableness standard light respondents concession however pleadings case properly may construed raising fourth amendment claim see brief respondents see reason find necessary reach decide prearrest excessive force claims analyzed fourth amendment rather substantive due process standard also see basis suggestion ante decision tennessee garner implicitly held nowhere garner substantive due process standard evaluating use excessive force particular case discussed suggestion standard offered alternative rejected case petitioner apparently decided best interest disavow continued applicability substantive due process analysis alternative basis recovery prearrest excessive force cases see brief petitioner choice certainly wise matter litigation strategy case indeed expected serve potential plaintiffs equally well reason done better leave question another day expect use force demonstrably unreasonable fourth amendment rarely raise substantive due process concerns faced case question squarely raised merits subjected adversary presentation join foreclosing use substantive due process analysis prearrest cases