Rule 68 - Should Costs Incurred after the Offer of Judgment be Included in Calculating the "Judgment Finally Obtained" - The So-Called Novel Issue in Roberts v. Swain

This article analyzes use of force law under North Carolina and federal standards. This article emphasizes methodology and leading Supreme Court, Fourth Circuit and North Carolina cases. Statutory and common law use of force standards under North Carolina law including self defense and apparent dangers are explored. The article analyzes the prevailing federal liability standards which are employed in determining whether use of force is excessive, particularly in "mistaken belief' cases.

Finally, the nature of expert testimony typically admissible in use of force litigation is reviewed.