any force used has been to proportionate to any thing proposed if is there a threat and evaluating it looking at it like that. number two, when it comes to an arrest you edge use that force necessary to effect that arrest. number three, all actions have to be reasonable. those would be the three principles that people, jurors, would be asked to consider. so was the force proportionate? you would have to answer that. was the force necessary in this situation to affect this aend ws it reasonable? the commissioner himself has said it was not appropriate. >> so the two civil cases that boris mentioned and highlighted there against the officer, how does that play into this for the officer? >> well, it plays in in the following way. if there is pending cases that really begs the question, christi, as to whether or not he should have been out there in the first instance.