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And even if the force is excessive, prosecutors must also prove the agent’s intent. The law sets an exceptionally high bar here. Prosecutors must prove that the agent acted “willfully,” meaning that he must have had the specific intent to deprive someone of a constitutional right. As I and many other civil rights prosecutors have explained to juries in these cases, willfulness requires the agent to know what he is doing is wrong and decide to do it anyway, one of the most stringent mens rea requirements in criminal law. That standard permits prosecution of agents who purposefully or consciously choose to act in violation of the Constitution (not to mention in violation of their training and
