Decision-making Patterns in Police Use-of-Force Cases Before the Federal Courts of Appeal: 1991-1996

This study examines characteristics and trends in police use-of-force cases reviewed by the United States Courts of Appeals. Specifically, the authors examine how the courts handle suits brought against the police for alleged excessive force. Preliminary attention is given to the content of such cases, including the nature of the force at issue, the parties named in such suits, and additional legal claims made by the plaintiffs. Further attention is given to those cases in which the Courts of Appeals reverse the original decision made by the federal district court. The findings identify reasons why the district and appellate courts disagreed on certain cases and indicated that, at least at the appellate level, the police and citizens prevail in a similar proportion of the cases.