Whether the totality of the circumstances test for assessing the reasonableness of a use of force under Tennessee v. Garner and Graham v. Connor requires consideration of unreasonable police conduct prior to the use of force, as held by the First, Third, and Tenth Circuits, or whether the court may only consider the moment of the seizure, as held by the Second and Eleventh Circuits and the divided panel of the Sixth Circuit in this case

QUESTION PRESENTED Whether the totality of the circumstances test for assessing the reasonableness of a use of force under this Court’s decisions in Tennessee v. Garner, 471 U.S. 1 (1985) and Graham v. Connor, 490 U.S. 386 (1989), means taking into account unreasonable police conduct prior to the use of force that foreseeably created the need to use it, as the First, Third and Tenth Circuits hold or whether the court may only consider the moment of the seizure as the Second and Eleventh Circuits hold and as the divided panel of the Sixth Circuit held in this case. ii LIST OF ALL PARTIES The party to the judgment from which review is sought is Petitioner Susan Evans both individually and as Wife and personal representative of the Estate of Scott Evans. She was a party to all proceedings below. Respondents are the United States and the Federal Bureau of Investigation.