The factors are the severity of the crime at issue, whether the suspect posed an immediate threat to officers or others, and whether the suspect actively resisted or attempted to evade arrest by flight.
The list is non-exhaustive.
Alternative Names:
Graham v. Connor Factors|Force Reasonableness Factors
Why it Matters?
Immediate threat is the factor carrying the most weight, and establishing what the officer perceived through body camera footage, dispatch information, and contemporaneous statements is where these cases are developed. The factors are non-exhaustive, permitting consideration of the number of officers, availability of alternatives, and whether warnings were given. Segmenting force decisions and applying the factors to each is more rigorous than assessing the encounter globally.
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Frequently asked questions
Which factor carries the most weight?
Are the factors exhaustive?
