Reasonableness vs. reasonable care

SAN FRANCISCO — The Ninth Circuit found that, while a Riverside sheriff’s deputy did not violate the Fourth Amendment’s “reasonableness” standard when he restrained a handcuffed man in a prone position until he stopped breathing, the deputy’s use of force did violate California tort law’s broader “reasonable care” standard. The deputies did not perform CPR on the man, who died the next day. The civil jury’s $1.5 million judgment in favor of the family stands.