Heriberto Rodriguez v. County of Los Angeles, 891 F.3d 776 (2018)

Citation: Heriberto Rodriguez v. County of Los Angeles, 891 F.3d 776 (2018)
Parent Document: Heriberto Rodriguez v. County of Los Angeles, 891 F.3d 776 (2018)
Jurisdiction: United States (federal)
Effective Date: 2018-05-30
Original Source: https://www.courtlistener.com/opinion/4502306/heriberto-rodriguez-v-county-of... ↗

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An Eighth Amendment claim of excessive force
“ultimately turns on ‘whether force was applied in a good
faith effort to maintain or restore discipline or maliciously
and sadistically for the very purpose of causing harm.’ ”
Hudson, 503 U.S. at 6 (quoting Whitley v. Albers, 475 U.S.
312, 320–21 (1986)). Accordingly, the jury here was
instructed that it had to find that (1) appellants “used
excessive and unnecessary force under all of the
circumstances”; (2) appellants “acted maliciously and
sadistically for the purpose of causing harm”; and (3) “the
acts of the [appellants] caused harm to the [appellees].” As
we explained above, Rodriguez has forfeited any argument
                    RODRIGUEZ V. CRUZ                        31

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