kinds we're bringing of your day is an excessive case has a three prong analysis the first issue is whether an injury occurred and there's no dispute that mr k davis suffered a cut above his eyes stays as a result of what occurred on the night when see a photo the second issue is whether it resulted directly in only from the use of force that it was excessive to need and we believe that there is the least a fact wesh in here as to whether the use the force was excessive given the short amount of time without discussing later between the time that there was the confrontation example is that a fact question about  says something and you it does say i want you to know i'm not doing that before continuing to argue with the officer he's not complying but he he when he's talking the officer the officers immediately confrontation with him if you are caught on video beginning he says i have a right to videotape this in the office as you know i have a right to arrest and he had done acts that were defusing the situation he's telling me i understand that i'm trying to put putting my putting him in his shoes where he was dealing with a police officer was four seconds between when he emerges from the person's against the wall two seconds for the grab and i have in the next four seconds he slammed on the ground and then for the next seven seconds he's pinned pinned on the the question of whether it's excessive in that case which is eight sixty eight f there are three thirteen was decided that in aug the court talks about that there were two second  before the force was used only three seconds passed which is me only three seconds passed between the initial request a push his hands behind his back and when the officers tackled  actually standing over in this area while officer garcia was over in this area talking with mister and mr davis says i'm going to leave and he has a cell phone in the cell phone at the same time you know leave and act as if he is going to be and then he doubles back around the pillar and there's a moment on the videotape when you can actually see officer rodriguez's vision catch mr back to the seat and i think the trucker correctly addressed this issue that's completely immaterial because the use of force with the totality of the circumstances is viewed from the object of position in says immediately put your hands behind your back but your heart appears behind your back now it minutely the second time he says it i believe that the video that captured out but last portion of that and that's when officer ray sees that he's resisting arrest and comes over to assess them and they put him down on the ground as quickly as they possibly can in baskin starts to fight them on the ground officer ray actually stands up because another officer the door which was open but there's a struggle going on and at one point in time you actually see mr could davis form actually come forward of his body he's resisting that they used to contain the situation is quickly as possible was reasonable in light of the fact that and i believe there was a question earlier as to the brother in law i think that was of the relationship was  that situation to be hitting somebody on the ground he had no sir no sir no sir i mean time is his brother in law would come in and brother was over on the other side ever he came into the