Section 1983 plaintiffs frequently allege that they were wrongfully arrested and subjected to police use of excessive force. These claimants seek damages for violations of the Fourth Amendment right to be free from an unreasonable seizure by a government agent. The constitutionality of an arrest will depend on whether it was supported by probable cause. The constitutionality of police use of force to effectuate an arrest depends upon whether, under the totality of the circumstances facing the officer, the use of force was objectively reasonable. In other words, could a reasonable officer have employed the force claimed to be excessive.
A large percentage of §1983 plaintiffs who assert claims against police officers have had other encounters with law enforcement officers. The trial judge, therefore, may well have to decide whether the §1983 defense attorney may introduce evidence of the plaintiff’s arrest record.
