This section contains the nature of the case and procedural background.

During a traffic stop, the Respondent alleged that police officers applied unjustified deadly force in the form of a choke hold which left him unconscious. The Respondent sued the police officers as well as the City of Los Angeles for damages. The Respondent also pursued injunctive relief to preclude the officers from employing this particular method of force where there was no equal threat being posed to the officers. The Respondent asserted that this method would cause death or serious bodily injury in prohibition of the First, Fourth, Eight, and Fourteenth Amendments. The Respondent also sought declaratory relief against the Petitioner- City of Los Angeles that use of police chock holds when the police officer did not encounter equal threat, constituted a per se violation of one's constitutional rights. The federal district court provided partial relief to the City of Los Angeles on the damages issues but held in favor of the City on the equitable relief claims, asserting the Respondent lacked standing. The Court of Appeals reversed the decision regarding equitable relief. Certiorari was denied. On remand to the district court, a preliminary injunction was granted against application of chock holds where no provocation occurred. The Court to Appeals affirmed. The U.S. Supreme Court reversed.

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