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Deadly Force: Pre-Shooting Conduct

County of Los Angeles v. Mendez, 137 S. Ct. 1539 (2017).

• The 9 Circuit analysis (Provocation Theory) that a constitutional
th
violation that precedes an otherwise valid use of force cannot be

used to establish excessive force.

• A plaintiff can sue for the independent pre-shooting constitutional

violation.

• A plaintiff who can establish that a constitutional violation that

preceded a valid use of force proximately caused their injury

because the violation created foreseeable risks that caused the

foreseeable harm, can recover for their harm.

©2021 Jack Ryan Legal & Liability Risk Management Institute 78