or https:// means youve safely connected to the .gov website. Officers delivered some 50 powerful blows and strikes after King first resisted officers, he complied with commands. In this action under 42 U.S.C. The Graham v. Connor factors govern both the amount of force used, as well as the force method, tool or weapon used (United States v. Dykes, 406 F.3d 717, D.C. Cir. 342 What is the 3 prong test Graham v Connor? , n. 13 (1978). Research by the International Association of Chiefs of Police shows that police officers use any degree of force in less than one out of every 2,500 calls for service. Any officer would want to know a suspects criminal or psychiatric history, if possible. U.S. 137, 144 In Graham, for example, the offense at issue was possible shoplifting; and the initial intrusion on Grahams liberty was sitting in a car beside the road. U.S., at 327 Graham v. Connor - 490 U.S. 386, 109 S. Ct. 1865 (1989) Rule: . See, e.g . Mark I. All claims that law enforcement officials have used excessive force - deadly or not - in the course of an arrest, investigatory stop, or other "seizure" of a free citizen are properly analyzed under the Fourth Amendment's "objective reasonableness" standard, rather than under a substantive due process standard. A .gov website belongs to an official government organization in the United States. Pp. A Tennessee statute provides that, if, after a police officer has given notice of an intent to arrest a criminal suspect, the suspect flees or forcibly resists, "the officer may use . Graham appealed the ruling on the use of excessive force, contending that the district court incorrectly applied a four-part substantive due process test from Johnson v. Glick that takes into account officers' "good faith" efforts and whether they acted "maliciously or sadistically". Graham v. Connor 490 U.S. 386 (1989) was a United States Supreme Court case where the Court determined that an objective reasonableness standard should apply to a free citizen's claim that law enforcement officials used excessive force in the course of making an arrest, investigatory stop, or other "seizure" of his person. . 483 The Fourth Amendment is not violated by an arrest based on probable cause, even though the wrong person is arrested, Hill v. California, On the briefs was Richard B. Glazier. Graham v. Connor Cases has to be analyzed The "reasonableness" of a particular use of force must be judged from the perspective of a reasonable officer on the scene, rather than with 20/20 hindsight. Whether the suspect is actively resisting arrest or attempting to evade arrest by flight. 87-6571. ] See Freyermuth, Rethinking Excessive Force, 1987 Duke L. J. The Fourth Amendment inquiry is one of "objective reasonableness" under the circumstances, and subjective concepts like "malice" and "sadism" have no proper place in that inquiry. Graham v. Connor is a key case in the history of the Supreme Court, and this quiz/worksheet will help you test your understanding of its details and significance. Twenty years ago, the Supreme Court abolished the "fleeing felon" rule that permitted the use of deadly force against any fleeing felon (about half of the states had already abandoned the rule by statutory changes). Open the tools menu in your browser. Footnote * [ . (LaZY;)G= Berry agreed, but when Graham entered the store, he saw a number of people ahead of him in the checkout Ask a dozen people when "reasonable and necessary force" to effect an arrest or detention becomes "excessive force" and you will likely get a dozen different answers, none of them particularly helpful in measuring the proper amount of force. U.S. 797 Id., at 7-8. At a minimum, the agency should ask the following questions as risk management tools: Act on the answers. This assignment explores police processes and key aspects of the community-police relationship. 2. -27. This guide is designed to assist officers in articulating the facts of a Use of Force incident in accordance with the guidance provided in Graham. Actively Resisting Arrest Graham challenged his sentence as violative of the Eighth Amendment 's prohibition . U.S. 386, 391] Get the best tools available. A police officer may use only that force that is both reasonable and necessary to effect an arrest or detention. I expect that the use of force that is not demonstrably unreasonable under the Fourth Amendment only rarely will raise substantive due process concerns. Attempting to evade an arrest or other lawful seizure by flight frustrates some of the same governmental interests as resistance. *OQT!_$ L* ls\*QTpD9.Ed Ud` } In Tennessee v. Garner (1985), the Supreme Court ruled that under the Fourth Amendment, a police officer may not use deadly force against a fleeing, unarmed suspect. See Terry v. Ohio, 1. U.S. 1033 The "three prong Graham test" is most often recited or written as the following factors that are required to justify the deployment of a police dog; The severity of the crime at issue Whether the suspect poses an immediate threat to the safety of the officers or others 430 0000003958 00000 n Learn more about FindLaws newsletters, including our terms of use and privacy policy. Reasonableness depends on the facts. Whether the suspect poses an immediate threat to the safety of the officers or others. and that the data you submit is exempt from Do Not Sell My Personal Information requests. His choice was certainly wise as a matter of litigation strategy in his own case, but does not (indeed, cannot be expected to) serve other potential plaintiffs equally well. and Privacy Policy. [490 Please try again. However, it made no further effort to identify the constitutional basis for his claim. What are the four Graham factors? [490 Stay safe. Because the case comes to us from a decision of the Court of Appeals affirming the entry of a directed verdict for respondents, we take the evidence hereafter noted in the light most favorable to petitioner. That test, which requires consideration of whether the individual officers acted in "good faith" or "maliciously and sadistically for the very purpose of causing harm," is incompatible with a proper Fourth Amendment analysis. Fifteen years ago, in Johnson v.Glick, 481 F.2d 1028, cert. Graham v. Graham v. Florida. The severity of crime at hand, fleeing and driving without due regard for the safety of others. 1. Ingraham v. Wright, He has served over four decades in public safety, is a legal expert and editor of Xiphos, a monthly national criminal procedure newsletter. U.S., at 670 LEOs should know and embrace Graham. 0000001647 00000 n (575) 748-8000, Charleston See id., at 1033 (noting that "most of the courts faced with challenges to the conditions of pretrial detention have primarily based their analysis directly on the due process clause"). Several officers then lifted Graham up from behind, carried him over to Berry's car, and placed him face down on its hood. GRAHAM V. CONNOR 3-PRONG TEST Severity of the crimes at issue Immediacy of threat to officers or others Active resistance or attempt to evade arrest by flight End of preview Want to read all 4 pages? In the 1989 case, the Supreme Court ruled that excessive use of force claims must be evaluated under the "objectively reasonable" standard of the Fourth Amendment. Agencies must broaden the vision of training, experience and education for those who analyze force situations and pass judgment on the reasonableness of force. Footnote 2 1 Anyone claiming to provide an objective evaluation of police use of force must gain the necessary educational foundation to even ask the right questions in order to reach reliable conclusions. 480 See Bell v. Wolfish, But mental impairment is not the green light to use force. Dethorne Graham, a diabetic, brought a 1983 action to recover damages for injuries sustained when law enforcement officers used physical force against him during an investigatory stop. In short, what did the officer do (or what was the nature of the intrusion on the suspects liberty) and why did the officer do it (or what was the governmental interest at stake)? The Supreme Court's newest justice, Ketanji Brown Jackson, who replaced former Justice Stephen Breyer after he retired, recently began her first session on the high bench. Generally, the more serious the crime at issue, the more intrusive the force may be. 401 Garner (1985) and Graham v. Connor (1989) December 3, 2021 by Best Writer. U.S. 520, 559 392 U.S. 386, 394] "When deadly force is used, we have a more specific test for objective reasonableness." . Graham v. Connor: The supreme court clears the way for summary dismissal . The Graham factors are not considered in a vacuum. [490 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. (quoting Graham v. Connor, 490 U.S. 386, 396-97 (1989)). Ken Wallentine is the chief of the West Jordan (Utah) Police Department and former chief of law enforcement for the Utah Attorney General. In this action under 42 U.S.C. in some way restrained the liberty of a citizen," Terry v. Ohio, 403 0000005550 00000 n Moreover, the less protective Eighth Amendment standard applies "only after the State has complied with the constitutional guarantees traditionally associated with criminal prosecutions." Abstract Lacy H. Thornburg, Attorney General of North Carolina, Isaac T. Avery III, Special Deputy Attorney General, and Linda Anne Morris, Assistant Attorney General, filed a brief for the State of North Carolina as amicus curiae urging affirmance. U.S. 386, 387], REHNQUIST, C. J., delivered the opinion of the Court, in which WHITE, STEVENS, O'CONNOR, SCALIA, and KENNEDY, JJ., joined. [ Does the officers conduct appear to be objectively reasonable? There is no dispute . The Three Prong Graham Test The severity of the crime at issue. 2007). However, an officer or agency cannot be held liable for the agencys failure to purchase and deploy a particular less-lethal technology (Estate of Smith v. Silvas, 414 F.Supp.2d 1015, D. Colo. 2006). The Court stated that whether force is reasonable requires a careful balancing of the nature of the intrusion on the suspects liberty against the countervailing governmental interest at stake. Officers are judged based on the facts reasonably known at the time. ] A "seizure" triggering the Fourth Amendment's protections occurs only when government actors have, "by means of physical force or show of authority, . The calculus of reasonableness must embody Do Not Sell My Personal Information. 475 . ] The majority noted that in Whitley v. Albers, Request a quote for the most accurate & reliable non-lethal training, All too often, use of force is evaluated by those who lack the necessary education and experience to make a fair assessment. The majority rejected petitioner's argument, based on Circuit precedent, We went on to say that when prison officials use physical force against an inmate "to restore order in the face of a prison disturbance, . In the years following Johnson v. Glick, the vast majority of lower federal courts have applied its four-part "substantive due process" test indiscriminately to all excessive force claims lodged against law enforcement and prison officials under 1983, without considering whether the particular application of force might implicate a more specific constitutional right governed by a different standard. 441 -539 (1979). The price for the products varies not so large. U.S. 97, 103 488 [490 to petitioner's evidence "could not find that the force applied was constitutionally excessive." ] See Justice v. Dennis, supra, at 382 ("There are . In the nearly two decade history of Graham v. Connor, courts have refined the three-prong Graham test and applied a number of additional factors. The four prongs are: 1 The need for the application of force; 2 The relationship between that need and the amount of force that was used; 3 The extent of the injury inflicted; and 4 Whether the force was applied in a good faith effort to maintain and restore discipline or maliciously and sadistically for the very purpose of causing harm Following is the case brief for Graham v. Florida, 560 U.S. 48 (2010). In response, one of the officers told him to "shut up" and shoved his face down against the hood of the car. Some courts have long applied a skewed Monday-morning quarterback view that a suspect shot in the back is the victim of de facto excessive force (McCambridge v. Hall, 303 F.3d 24, 1st Cir. Whether the suspect poses an immediate threat to the . U.S. 1 . U.S. 593, 596 The Graham v. Connor case created a set of rules that officers abide by when making investigatory stops and using force against a suspect. Anything more is excessive force (Payne v. Pauley, 337 F.3d 767, 7th Cir. 3 Prong Test - Graham vs. Connor Term 1 / 3 1 Click the card to flip Definition 1 / 3 The severity of the crime at issue, Click the card to flip Flashcards Learn Test Match Created by jamescoen Terms in this set (3) 1 The severity of the crime at issue, 2 Whether the suspect poses an immediate threat to the safety of the officers or others, and Respondent backup police officers arrived on the scene, handcuffed Graham, and ignored or rebuffed attempts to explain and treat Graham's condition. U.S. 386, 389] All the graham v connor three prong test watch look very lovely and very romantic. May be you have forgotten many beautiful moments of your life. But not every situation requires a split-second decision. A federal judge noted that the use of a TASER and multiple baton strikes against Rodney King, including a PR24 baton strike to the face, were, if not reasonable, at least not criminally excessive force. Id., at 948-949. This article will help police officers measure what force is permissible, and how to better report the use of force so that force investigations and lawsuits can be avoided, or at least made less painful. By submitting your information, you agree to be contacted by the selected vendor(s) Pennsylvania v. Mimms, 434 U.S. 106 (1977); Maryland v. Wilson, 519 U.S. 408 (1997); See the Legal Division Reference Book. View our Terms of Service Excellent alternatives are available to keep critical policies fine-tuned. 475 seizures" of the person. Supreme court first applied the "reasonableness" standard to police use of deadly force, paving the way for the landmark decision of graham v. Connor ruled on how police officers should approach investigatory stops and the use of force during an arrest. 1983." Id., at 8, quoting United States v. Place, -139 (1978); see also Terry v. Ohio, supra, at 21 (in analyzing the reasonableness of a particular search or seizure, "it is imperative that the facts be judged against an objective standard"). All rights reserved. Respondent Connor and other respondent police officers perceived his behavior as suspicious. GRAHAM V CONNOR 3 PRONG TEST Flashcards | Quizlet GRAHAM V CONNOR 3 PRONG TEST 5.0 (1 review) Term 1 / 3 1 Click the card to flip Definition 1 / 3 THE SEVERITY OF THE CRIME (S) AT ISSUE; Click the card to flip Flashcards Learn Test Match Created by Nate_Traveller Terms in this set (3) 1 THE SEVERITY OF THE CRIME (S) AT ISSUE; 2 Because the Court of Appeals reviewed the District Court's ruling on the motion for directed verdict under an erroneous view of the governing substantive law, its judgment must be vacated and the case remanded to that court for reconsideration of that issue under the proper Fourth Amendment standard. How did the two cases above influence policy agencies? 436 1300 W. Richey Avenue U.S. 816 The Three Prong Graham Test The severity of the crime at issue. In Tennessee v. Garner, 471 U.S. 1 (1985), the Court suggested that there are three circumstances when an officer can use deadly force: The Court also noted that, when feasible, a warning should precede the use of deadly force. Graham v. Connor ruled on how police officers should approach investigatory stops and the use of force during an arrest. 3. In the case of Plakas v. Shop Online. U.S. 386, 401]. Graham v Connor - Objective Reasonableness 5,290 views Jul 28, 2019 This video continues the series on Graham v Connor - and discusses the objective reasonableness standard in a. 0000178847 00000 n 2)WHETHER THE SUSPECT RESISTED ARREST OR ATTEMPTED TO EVADE ARREST BY FLEEING. Id. In addition to the questions asked by the Graham v. Connor test, courts consider the need for the application of force, the relationship between the need and amount of force used, and the extent of the injury inflicted by the officers force. Petitioner Graham, a diabetic, asked his friend, Berry, to drive him to a convenience store to purchase orange juice to counteract the onset of an insulin reaction. 2 Graham exited the car, and the . (1985), as mandating application of a Fourth Amendment "objective reasonableness" standard to claims of excessive force during arrest. "?I@1.T$w00120d`; Xr GRAHAM v. CONNOR ET AL. In repeatedly directing courts to consider the "totality of the circumstances," the . 430 Through the 1989 Graham decision, the Court established the objective reasonableness standard. Since no claim of qualified immunity has been raised in this case, however, we express no view on its proper application in excessive force cases that arise under the Fourth Amendment. Force may be reviewed by an internal review board, supervisors and/or the chief, the district attorney screening the arrest for charges, an independent civilian review board, and perhaps even a judge and jury if a civil lawsuit for excessive force is filed. copyright 2003-2023 Study.com. Is the officers language or behavior inappropriate or unprofessional? In the Graham case, the Court instructed lower courts to always ask three questions to measure the lawfulness of a particular use of force: The Supreme Court cautioned courts examining excessive force claims that "the calculus of reasonableness must embody allowance for the fact that police officers are often forced to make split-second judgments in circumstances that are tense, uncertain, and rapidly evolving about the amount of force that is necessary in a particular situation.". 1992). (1971), nor by the mistaken execution of a valid search warrant on the wrong premises, Maryland v. Garrison, The agencys use of force review will likely be completed by supervisors who understand the dynamics of violent encounters. Footnote 10 Ibid. U.S. 79 At the close of petitioner's evidence, respondents moved for a directed verdict. hbbd```b``3@$S:d_"u"`,Wl v0l2 [490 Was the officer well-trained, qualified and competent with all force tools authorized by the agency? [ When did Graham vs Connor happen? Did the suspect present an immediate threat to the safety of officers or the public? 11 What is the 3 prong test Graham v Connor? The reasoning of Kidd was subsequently rejected by the en banc Fourth Circuit in Justice v. Dennis, 834 F.2d 380, 383 (1987), cert. What is the 3 prong test Graham v Connor? U.S. 218 Decided March 27, 1985*. After conviction, the Eighth Amendment "serves as the primary source of substantive protection . Headquarters - Glynco Monday Morning QB The Three Prong Test 1) THE SEVERITY OF THE CRIME. Add that to evidence of Grahams possible intoxication, and a reasonable officer might believe that Graham posed an immediate threat to Officer Connor; to other motorists on the adjoining road; and to Graham, himself. Courts using this standard look at both the ultimate decision, and the process by which a party went about making that decision. 585 0 obj <>stream Garner. U.S. 386, 398] U.S. 128, 139 Come and choose your favorite graham v connor three prong test! The court of appeals affirmed. source of substantive rights," but merely provides "a method for vindicating federal rights elsewhere conferred." The Miller test, commonly known as the three-prong obscenity test, is a test used by the United States Supreme Court to determine whether speech or expression can be classified as obscene, in which case it is not protected by the First Amendment and can be forbidden. The majority ruled first that the District Court had applied the correct legal standard in assessing petitioner's excessive force claim. On the brief was Frank B. Aycock III. An official website of the United States government. 10 Our cases have not resolved the question whether the Fourth Amendment continues to provide individuals with protection against the deliberate use of excessive physical force beyond the point at which arrest ends and pretrial detention begins, and we do not attempt to answer that question today. The Graham factors act like a checklist of possible justifications for using force. Another officer said: "I've seen a lot of people with sugar diabetes that never acted like this. U.S., at 5 . U.S., at 321 It is clear, however, that the Due Process Clause protects a pretrial detainee from the use of excessive force that amounts to punishment. You will receive your score and answers at the end. Footnote 12 475 1983 against the individual officers involved in the incident, all of whom are respondents here, He commenced this action under 42 U.S.C. What was not available to the officers when Graham was initially stopped, handcuffed, and put in the cruiser was the report from the officer who returned to the store. . That after the pursuit, said suspect fled on foot and may pose a threat to you or other officers if encountered. First, an officer must have probable cause to believe that the fleeing suspect is dangerous, and second, the use of deadly force . law enforcement officers deprives a suspect of liberty without due process of law." But what if Connor had learned the next day that Graham had a violent criminal record? 692, 694-696, and nn. Allowance must be made for the fact that police officers are often forced to make split-second judgments in circumstances that are tense, uncertain and rapidly evolving about the amount of force that is necessary in a particular situation. Obviously, there may be more than one way to effect a seizure - and while hindsight may prove one option better than another - what matters is whether the chosen one fell within the range of reasonableness. We also suggested that the other prongs of the Johnson v. Glick test might be useful in analyzing excessive force claims brought under the Eighth Amendment. situation." "attempt[s] to craft an easy-to-apply legal test in the No. See Tennessee v. Garner, supra, at 7-22 (claim of excessive force to effect arrest analyzed under a Fourth Amendment standard); Whitley v. Albers, Finding that the amount of force used by the officers was "appropriate under the circumstances," that "[t]here was no discernable injury inflicted," and that the force used "was not applied maliciously or sadistically for the very purpose of causing harm," but in "a good faith effort to maintain or restore order in the face of a potentially explosive 827 F.2d, at 950-952. The U.S. Supreme Court in Graham v. Connor (1989) determined that "objective reasonableness" is the Fourth Amendment standard to be applied in assessing claims of excessive force by police; this study analyzed the patterns of lower Federal court decisions in 1,200 published Section 1983 cases decided from 1989 to 1999. Select the option or tab named Internet Options (Internet Explorer), Options (Firefox), Preferences (Safari) or Settings (Chrome). As a member, you'll also get unlimited access to over 84,000 lessons in math, . The test of reasonableness is not capable of precise definition or mechanical application, however, its proper application requires careful attention to the facts and circumstances of each particular case, including the severity of the crime at issue, whether the suspect poses an . After realizing the line was too long, he left the store in a hurry. - Definition & Laws Quiz, How to Press Charges: Definition & Statute of Limitations Quiz, Police Brutality: Causes & Solutions Quiz, Police Reports: Definition & Examples Quiz, Background Checks: Definition & Laws Quiz, Psychological Research & Experimental Design, All Teacher Certification Test Prep Courses, Introduction to Crime & Criminology: Help and Review, The Criminal Justice Field: Help and Review, Criminal Justice Agencies in the U.S.: Help and Review, Law Enforcement in the U.S.: Help and Review, Constitutional Law in the U.S.: Help and Review, Criminal Law in the U.S.: Help and Review, The Criminal Trial in the U.S. Justice System: Help and Review, The Sentencing Process in Criminal Justice: Help and Review, Corrections & Correctional Institutions: Help and Review, The Juvenile Justice System: Help and Review, Working Scholars Bringing Tuition-Free College to the Community, The Supreme Court's indication of the test for use of police force, The law under which Graham sued the police department, Know the situational details that led to the Graham v. Connor case, Learn how the Supreme Court handled the case, Know where the case was eventually decided. in cases . Some agencies are fortunate to have in-house legal counsel specializing in law enforcement issues, or at least have dedicated civil attorneys from the city or county counsels office. (1989). Lock the S. B. Whether the suspect is actively resisting arrest or attempting to evade arrest by flight. , n. 40 (1977) ("Eighth Amendment scrutiny is appropriate only after the State has complied with the constitutional guarantees traditionally associated with criminal prosecutions"). Each situation is an opportunity to evaluate the officer, policy, training and equipment, and ask how to approach similar situations in the future. In Graham v. Connor, the Supreme Court established the test for judging police officers accused of using excessive force to effect a seizure. 1983, petitioner Dethorne Graham seeks to recover damages for injuries allegedly sustained when law enforcement officers used physical force against him during the course of an investigatory stop. 471 "[T]he reasonableness of a particular use of force must be viewed from the perspective of a reasonable officer at the scene." Graham v. Connor, 490 U.S. 396, 397 (1989). finds relevant news, identifies important training information, Footnote 11 1983, petitioner Dethorne Graham seeks to recover damages for injuries allegedly sustained when law enforcement officers used physical force against him during the course of an investigatory stop. Footnote 7 1988). U.S. 1 Today we make explicit what was implicit in Garner's analysis, and hold that all claims that law enforcement officers have used excessive force - deadly or not - in the course of an arrest, investigatory stop, or other "seizure" of a free citizen should be analyzed under the Fourth Amendment and its "reasonableness" standard, rather than under a "substantive due process" approach. denied, Do Not Sell My Personal Information, If you need further help setting your homepage, check your browsers Help menu, International Association of Chiefs of Police. substantive due process standard. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. The no 20/20 hindsight rule probably worked to Officer Connors advantage, in this case. Official websites use .gov Artesia, NM 88210 Because "[t]he test of reasonableness under the Fourth Amendment is not capable of precise definition or mechanical application," Bell v. Wolfish, In the nearly two decade history of Graham v. Connor, courts have refined the three-prong Graham test and applied a number of additional factors. In sum, the Court fashioned a realistically generous test for use of force lawsuits. The Graham Factors are Reasons for Using Force He was ultimately sentenced to life without parole. Determining whether the force used to effect a particular seizure is "reasonable" under the Fourth Amendment requires a careful balancing of "`the nature and quality of the intrusion on the individual's Fourth Amendment interests'" against the countervailing governmental interests at stake. During the encounter, Graham sustained multiple injuries. The case is notable for setting forth a different test for judging the objective reasonableness of the force used by an officer in medical situations than the standard test under Graham v. Connor, #87-6571, 490 U.S. 386 (1989), used in a criminal context. the majority endorsed the four-factor test applied by the District Court as generally applicable to all claims of "constitutionally excessive force" brought against governmental officials. . . Graham v. Connor No. Did the officers conduct precipitate the use of force? Graham v connor 3 prong test. It is worth repeating that our online shop enjoys a great reputation on the replica market. trailer << /Size 180 /Prev 491913 /Root 164 0 R /Info 162 0 R /ID [ ] >> startxref 0 %%EOF 164 0 obj <> endobj 165 0 obj <<>> endobj 166 0 obj <> endobj 167 0 obj <>/ExtGState<>>> endobj 168 0 obj <> endobj 169 0 obj <> endobj 170 0 obj <> endobj 171 0 obj <> endobj 172 0 obj <> endobj 173 0 obj <> endobj 174 0 obj <> stream In 1984, Dethorne Graham tried to buy a bottle of orange juice to raise his low blood sugar levels due to diabetes. Correct legal standard in assessing petitioner 's excessive force to effect an arrest or detention this assignment explores processes! The constitutional basis for his claim for judging police officers perceived graham v connor three prong test as... V. Dennis, supra, at 670 LEOs should know and embrace Graham claims of force... Ruled on how police officers should approach investigatory stops and the process by which a party went about making decision. 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