of these days maybe this day are the ninth circuit perhaps in a regular panel or in bank or the supreme court is going to address the question of the ninth circuit standard for most prosecution claims in light of occasion of the police reports that became the basis for the prosecution by the state it turns out so consequently if that's the case the the whatever basis you could argue that there was probable cause is wiped out by the mere the falsity of the entire sequence of events as presented in the police reports which described her as violence from the get go before the officers ever sought to arrest her that she was kicking people before they ever commenced  but alright let's not discuss anything except for the fourth amendment now arm this is true of any for the many cases if it's unreasonable there's no intent requirement for fall for force in many cases there is no authority for any williams cases that we should read that corrected the perhaps problem the court said look to the individual constitutional amendment to determine whether there's an intact requirement so there is a an intent under the force of the fourteenth amendment equal person well in this case i think the court would have reached the same result under the smith case ok the the bottom line here is the analysis judge perms memorandum decision is that he did in fact not divorced from the facts of the case and the facts of this case were that this individual was resisting arrest the police officer applied the carotid restraint there was a dispute as to the facts as to whether she lost consciousness there was no serious bodily injury in her case you know what we're what would have what point would appellant is really asking for is if there is even the remote possibility that serious bodily injury could honor is is that you're talking about situations where police officers are required to make split second decisions that's a police officer in this particular case was at a football game if we're bonding between the sandy hook chargers possibly be deadly force the gun obviously deadly force but in this situation where you had non deadly force the judge says you know under these sort of facts i'm not certain and i'm going to apply ninth circuit ro substantial risk of death or serious bodily harm force concluded that the officers didn't act with excessive force so i don't think that the result in this case would have changed had had the deadly force issue gone to the jury the jury may have pondered that does this is there a possibility or substantial risk of causing serious parle injury i think the jury could have answered that question easily yes now whether it was deadly force applied in this case i think the jury pool of more than likely would have said no it was a substantial risk of great bodily harm and or death and both medical and police expert that was the grab a man of that evidence as well as presenting the admitted evidence of everybody that the app then the only the deadly force is only permissible if there was deadly force from a suspect and it was admitted in this case and summary judgment and at trial that there was no deadly force by the suspect by the plant so we would never get to the employed was excessive so what difference does it make whether the jury was told that that might be considered deadly force if it ultimately concluded that whatever force was employed was not excessive because then the jury would have been instructed  would have shown more substantially want to risk laws experts that would have said how risky it was what to do what the scope of the risk was the jury was not instructed on it and was not told to first consider whether it was deadly force the plaintiff simply by answering the question the officer was not privileged to employ deadly force therefore i'm damaged and i get money absolutely that's what's most says where it's understood that the plaintiff did not use the reports indicate that during the erast they were hit by the f l and that's a true statement everybody except the court found it to be undisputed there's also a characterization that somehow that's an incomplete version