excessive force claim in Maryland

2024However, some courts have recognized that a bystander who lacks the ability to bring a claim under the Fourth Amendment may be able to pursue an excessive force claim directly under the substantive component of the Fourteenth Amendment’s Due Process Clause.4 See Rucker v. Harford Cnty., 946 F.2d 278, 281 (4th Cir. 1991) (“the substantive 3 The Fourth Amendment provides: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or

2024However, some courts have recognized that a bystander who lacks the ability to bring a claim under the Fourth Amendment may be able to pursue an excessive force claim directly under the substantive component of the Fourteenth Amendment’s Due Process Clause.4 See Rucker v. Harford Cnty., 946 F.2d 278, 281 (4th Cir. 1991) (“the substantive 3 The Fourth Amendment provides: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or

2020See Elliott, 99 F.3d at 643 (“The number of shots by itself cannot be determinative as to whether the force used was reasonable.”).

1999As we noted in Greenidge, Graham requires us to focus on the moment force was used; conduct prior to that moment is not relevant in determining whether an officer used reasonable force. 99 F.3d at 643 (emphasis supplied).

2020Yet, crucially in an excessive force analysis, “the issue is whether the government official violated the Constitution . . . , not whether he violated the policies of a state agency.” Cole, 993 F.2d at 1334 (emphasis added); see also Richardson, 361 Md. at 458 (declining to consider an officer’s decision not to wait for additional backup, in violation of “police guideline or regulation,” in the objective reasonableness inquiry).

2020Yet, crucially in an excessive force analysis, “the issue is whether the government official violated the Constitution . . . , not whether he violated the policies of a state agency.” Cole, 993 F.2d at 1334 (emphasis added); see also Richardson, 361 Md. at 458 (declining to consider an officer’s decision not to wait for additional backup, in violation of “police guideline or regulation,” in the objective reasonableness inquiry).

2008See Taha, 378 Md. at 493 , 836 A.2d 627 ("the issue ... could not have been raised at that time”). 12 .

2008See Taha, 378 Md. at 493 , 836 A.2d 627 ("the issue ... could not have been raised at that time”). 12 .

2000See Ludwig v. Anderson, 54 F.3d *85 465, 472 (8th Cir.1995) ("Although these `police department guidelines do not create a constitutional right,' they are relevant to the analysis of constitutionally excessive force") (citations omitted); Scott, 39 F.3d at 916 (police procedures are admissible if they are germane to the reasonableness inquiry in an excessive force claim); Samples v. City of Atlanta, 916 F.2d 1548, 1551 (11th Cir.1990) (proper for expert to testify to law enforcement standard for exercising deadly force); Kladis v. Brezek, 823 F.2d 1014, 1019 (7th Cir.1987) (expert could testif

2000See Ludwig v. Anderson, 54 F.3d 465, 472 (8th Cir.1995) (“Although these ‘police department guidelines do not create a constitutional right,’ they are relevant to the analysis of constitutionally excessive force”) (citations omitted); Scott, 39 F.3d at 916 (police procedures are admissible if they are germane to the reasonableness inquiry in an excessive force claim); Samples v. City of Atlanta, 916 F.2d 1548, 1551 (11th Cir.1990) (proper for expert to testify to law enforcement standard for exercising deadly force); Kladis v. Brezek, 823 F.2d 1014, 1019 (7th Cir.1987) (expert could testify on

2000See Ludwig v. Anderson, 54 F.3d 465, 472 (8th Cir.1995) (“Although these ‘police department guidelines do not create a constitutional right,’ they are relevant to the analysis of constitutionally excessive force”) (citations omitted); Scott, 39 F.3d at 916 (police procedures are admissible if they are germane to the reasonableness inquiry in an excessive force claim); Samples v. City of Atlanta, 916 F.2d 1548, 1551 (11th Cir.1990) (proper for expert to testify to law enforcement standard for exercising deadly force); Kladis v. Brezek, 823 F.2d 1014, 1019 (7th Cir.1987) (expert could testify on

2000See Katz v. United States, 194 F.3d 962, 968-69 (9th Cir.1999) ("To resolve the merits of an excessive force claim, the question is whether a reasonable officer could have believed that the force used was necessary under the circumstances" or in other words "[a]n officer cannot have an objectively reasonable belief that the force used was necessary ... when no reasonable officer could have believed that the force used was necessary"); Scott v. District of Columbia, 101 F.3d 748, 759 (D.C.Cir.1996) ("[T]he proper question for the jury is whether `the excessiveness of the force is so apparent th

2000See Katz v. United States, 194 F.3d 962, 968-69 (9th Cir.1999) (“To resolve the merits of an excessive force claim, the question is whether a reasonable officer could have believed that the force used was necessary under the circumstances” or in other words “[a]n officer cannot have an objectively reasonable belief that the force used was necessary ... when no reasonable officer could have believed that the force used was necessary”); Scott v. District of Columbia, 101 F.3d 748, 759 (D.C.Cir.1996) (“[T]he proper question for the jury is whether ‘the excessiveness of the force is so apparent th

2000See Katz v. United States, 194 F.3d 962, 968-69 (9th Cir.1999) ("To resolve the merits of an excessive force claim, the question is whether a reasonable officer could have believed that the force used was necessary under the circumstances" or in other words "[a]n officer cannot have an objectively reasonable belief that the force used was necessary ... when no reasonable officer could have believed that the force used was necessary"); Scott v. District of Columbia, 101 F.3d 748, 759 (D.C.Cir.1996) ("[T]he proper question for the jury is whether `the excessiveness of the force is so apparent th

2000See Katz v. United States, 194 F.3d 962, 968-69 (9th Cir.1999) (“To resolve the merits of an excessive force claim, the question is whether a reasonable officer could have believed that the force used was necessary under the circumstances” or in other words “[a]n officer cannot have an objectively reasonable belief that the force used was necessary ... when no reasonable officer could have believed that the force used was necessary”); Scott v. District of Columbia, 101 F.3d 748, 759 (D.C.Cir.1996) (“[T]he proper question for the jury is whether ‘the excessiveness of the force is so apparent th

2000See Ludwig v. Anderson, 54 F.3d *85 465, 472 (8th Cir.1995) ("Although these `police department guidelines do not create a constitutional right,' they are relevant to the analysis of constitutionally excessive force") (citations omitted); Scott, 39 F.3d at 916 (police procedures are admissible if they are germane to the reasonableness inquiry in an excessive force claim); Samples v. City of Atlanta, 916 F.2d 1548, 1551 (11th Cir.1990) (proper for expert to testify to law enforcement standard for exercising deadly force); Kladis v. Brezek, 823 F.2d 1014, 1019 (7th Cir.1987) (expert could testif

2000See Ludwig v. Anderson, 54 F.3d 465, 472 (8th Cir.1995) (“Although these ‘police department guidelines do not create a constitutional right,’ they are relevant to the analysis of constitutionally excessive force”) (citations omitted); Scott, 39 F.3d at 916 (police procedures are admissible if they are germane to the reasonableness inquiry in an excessive force claim); Samples v. City of Atlanta, 916 F.2d 1548, 1551 (11th Cir.1990) (proper for expert to testify to law enforcement standard for exercising deadly force); Kladis v. Brezek, 823 F.2d 1014, 1019 (7th Cir.1987) (expert could testify on

2000See Ludwig v. Anderson, 54 F.3d *85 465, 472 (8th Cir.1995) ("Although these `police department guidelines do not create a constitutional right,' they are relevant to the analysis of constitutionally excessive force") (citations omitted); Scott, 39 F.3d at 916 (police procedures are admissible if they are germane to the reasonableness inquiry in an excessive force claim); Samples v. City of Atlanta, 916 F.2d 1548, 1551 (11th Cir.1990) (proper for expert to testify to law enforcement standard for exercising deadly force); Kladis v. Brezek, 823 F.2d 1014, 1019 (7th Cir.1987) (expert could testif

2000See Ludwig v. Anderson, 54 F.3d 465, 472 (8th Cir.1995) (“Although these ‘police department guidelines do not create a constitutional right,’ they are relevant to the analysis of constitutionally excessive force”) (citations omitted); Scott, 39 F.3d at 916 (police procedures are admissible if they are germane to the reasonableness inquiry in an excessive force claim); Samples v. City of Atlanta, 916 F.2d 1548, 1551 (11th Cir.1990) (proper for expert to testify to law enforcement standard for exercising deadly force); Kladis v. Brezek, 823 F.2d 1014, 1019 (7th Cir.1987) (expert could testify on

2000See Ludwig v. Anderson, 54 F.3d *85 465, 472 (8th Cir.1995) ("Although these `police department guidelines do not create a constitutional right,' they are relevant to the analysis of constitutionally excessive force") (citations omitted); Scott, 39 F.3d at 916 (police procedures are admissible if they are germane to the reasonableness inquiry in an excessive force claim); Samples v. City of Atlanta, 916 F.2d 1548, 1551 (11th Cir.1990) (proper for expert to testify to law enforcement standard for exercising deadly force); Kladis v. Brezek, 823 F.2d 1014, 1019 (7th Cir.1987) (expert could testif

2000See Ludwig v. Anderson, 54 F.3d 465, 472 (8th Cir.1995) (“Although these ‘police department guidelines do not create a constitutional right,’ they are relevant to the analysis of constitutionally excessive force”) (citations omitted); Scott, 39 F.3d at 916 (police procedures are admissible if they are germane to the reasonableness inquiry in an excessive force claim); Samples v. City of Atlanta, 916 F.2d 1548, 1551 (11th Cir.1990) (proper for expert to testify to law enforcement standard for exercising deadly force); Kladis v. Brezek, 823 F.2d 1014, 1019 (7th Cir.1987) (expert could testify on

2000See Katz v. United States, 194 F.3d 962, 968-69 (9th Cir.1999) ("To resolve the merits of an excessive force claim, the question is whether a reasonable officer could have believed that the force used was necessary under the circumstances" or in other words "[a]n officer cannot have an objectively reasonable belief that the force used was necessary ... when no reasonable officer could have believed that the force used was necessary"); Scott v. District of Columbia, 101 F.3d 748, 759 (D.C.Cir.1996) ("[T]he proper question for the jury is whether `the excessiveness of the force is so apparent th

2000See Katz v. United States, 194 F.3d 962, 968-69 (9th Cir.1999) (“To resolve the merits of an excessive force claim, the question is whether a reasonable officer could have believed that the force used was necessary under the circumstances” or in other words “[a]n officer cannot have an objectively reasonable belief that the force used was necessary ... when no reasonable officer could have believed that the force used was necessary”); Scott v. District of Columbia, 101 F.3d 748, 759 (D.C.Cir.1996) (“[T]he proper question for the jury is whether ‘the excessiveness of the force is so apparent th