United States Court of Appeals for the Second Circuit
961 F.2d 359 (2d Cir. 1992)
William C. Hygh (defendant) visited a friend’s house and had a disagreement with his friend. His friend called the police and Officer William Jacobs arrived. Hygh and Jacobs exchanged words and shoves, and at one point, Jacobs struck Hygh on the cheek. Jacobs then arrested Hygh. Hygh claimed that Jacobs struck him while Hygh was bending down to pick up his jacket. Jacobs claimed that he struck Hygh in self-defense when they were standing up, after being shoved by Hygh. The blow broke Hygh’s cheekbones and plastic surgery was needed to fix it. Hygh sued Jacobs and others under 42 U.S.C. § 1983 for alleged constitutional violations related to his arrest and the blow by Jacobs. At trial, the plastic surgeon testified that the kind of injury Hygh suffered would likely be caused by a blunt instrument. Jacobs testified that he had a flashlight during the arrest since it took place at night. Hygh called Terry Cox, an expert witness concerning law enforcement. Cox testified that Jacobs had used “deadly physical force” the use of which was not “warranted under the circumstances.” Cox also defined “deadly physical force” as “using force in such a way that it has the potential to kill someone.” Judgment was awarded to Hygh. Jacobs appealed.
Rule of Law
Holding and Reasoning (Mahoney, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 220,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.