Lancour, Shane v. City of LaCrosse PD et al
ORDER Amending first paragraph on page 3 of 12 Order on Leave to Proceed. Signed by District Judge William M. Conley on 7/21/2015. (elc),(ps)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
SHANE T. LANCOUR,
CITY OF LA CROSSE, et al.,
The court’s Opinion and Order in this case dated July 16, 2015, (dkt. #12), contains a
misstatement of the law applicable to plaintiff Shane Lancour’s Fourth Amendment excessive force
claim. The last sentence of the first paragraph on page 3 incorrectly states that “Lancour should
be aware, however, that to be successful on this claim, he will have to prove that defendant used
force maliciously and sadistically to cause him harm.” That sentence describes the requirements
under the Eighth Amendment for proving an excessive force claim brought by an incarcerated
person. Whitley v. Albers, 475 U.S. 312, 320 (1986.) As Lancour’s claim falls under the Fourth
Amendment, he does not have to prove that defendant Parshall acted maliciously and sadistically
for the purpose of causing him harm. The last sentence of the first paragraph of page 3 should
state, instead, that “Lancour should be aware, however, that to be successful on this claim, he will
have to prove that defendant Parshall used more force than was reasonable necessary under the
totality of the circumstances.”
Graham v. Connor, 490 U.S. 386, 395 (1989).
respects, the July 16 order remains unchanged.
Entered this 21st day of July, 2015.
BY THE COURT:
WILLIAM M. CONLEY
In all other
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