A note from the Committee: Readers should be aware that the Committee generally meets twice a year to update the Instructions and Commentary. There is an inevitable delay between the announcement of new decisions, the Committee's consideration of those decisions, and the publication of any revisions to the Instructions or Commentary.
For example, since the Committee’s last meeting, the Court of Appeals interpreted Scott v. Harris, 550 U.S. 371 (2007), as abrogating the “use of special standards in deadly-force cases,” and reinstating “‘reasonableness’ as the ultimate—and only—inquiry.” Johnson v. City of Philadelphia, 837 F.3d 343, 349 (3d Cir. 2016).
As of January 2017, any changes to Sections 4.9 and 4.9.1 of the Instructions and Commentary to reflect the decision in Johnson await the Committee's next meeting.