CUMMINGS, Chief Judge.
Plaintiff Marcus Gumz filed this civil rights action against eleven defendants, officials and employees of the Wisconsin Department of Natural Resources (“DNR”), alleging numerous violations of the Constitution and liability pursuant to 42 U.S.C. § 1983. The district court entered judgment on a jury verdict finding that defendants had used excessive force in arresting Gumz and denied defendants’ post-verdict motions seeking judgment in their favor. The court also refused plaintiff’s requests to amend the judgment so that the jury verdict would be read to include liability for the seizure of plaintiff’s property and denied his request for recovery of hospital and medical expenses. Both parties appeal the court's post-trial rulings. For the reasons set forth below, the judgment of the district court is affirmed in part and reversed in part.
I
Plaintiff Marcus Gumz at all times relevant to this case was a “muck farmer” [1397]*1397living near Baraboo, Wisconsin. Much of the farming in this area requires continuous drainage of the low-lying fields in order to keep the land from reverting to ponds and marshes. The maintenance of drainage systems requires removal of runoff or “muck” from waterways, thus giving rise to the term “muck farmer.” Gumz raised mint and other crops on his large tract of land (some 2,700 acres) but was deeply in debt (Plaintiffs App. 104). A drainage ditch known as the leech waterway ran through Gumz’ property, and the farmer utilized a “dragline” or a two-ton apparatus consisting of a steam shovel and a fifty-foot boom to scoop muck out of the waterway (Plaintiff’s App. 259, 260). The DNR considered the leech waterway a navigable body subject to its regulation and in 1975 commenced a civil action in state court against Gumz for dredging the ditch without a permit in violation of Wis.Stat. § 30.20 (1979).1 That action ultimately was dismissed on September 18, 1981, after the incident at issue here occurred, because of delay and the fact that the DNR had commenced a similar and more recent action (Plaintiff’s App. 212).
On October 28, 1980, Warden Dennis Jameson investigated a complaint of dredging of the leech waterway without a permit and issued a citation to the dragline operator. A dispute exists over Jameson’s attempt to issue the citation to Gumz and over a subsequent automobile altercation where both Jameson and Gumz claimed they were run off the road by the other. Rather than serve it personally, Warden Jameson then sent by certified mail a dredging citation to Gumz regarding the October 28, 1980, incident, allegedly at the request of the district attorney (Defendants’ App. 377). Gumz apparently refused to accept the citation, thinking it was a bill,
and the letter was returned (Plaintiff’s App. 104, 273, 274; Defendants’ App. 377). The district attorney’s office issued an arrest warrant and complaint (dated February 19, 1981, Defendants’ App. 373) against Gumz for failure to answer the October 28, 1980, citation in court. Warden Jameson and defendant Warden Cloutier allegedly were informed of continued dredging on the Gumz property (Defendants’ App. 183) and Cloutier decided on March 2 to investigate the dredging and to serve the arrest warrant on the following day (Defendants’ App. 235-236, 243, 247).
On March 3, 1981, Wardens Kern and Morrissette allegedly attempted to serve the arrest warrant on Gumz at the University of Wisconsin at Baraboo, but then proceeded to the Gumz property. Wardens Cloutier and Zabel first proceeded by car to the Gumz farm, observed the dredging in progress and ordered six reserve DNR personnel, who had been instructed to wait ten miles away, to stand by one mile from the Gumz property (Defendants’ App. 235). Cloutier decided to arrest Gumz and knocked on plaintiff’s door but he did not answer (Defendants’ App. 235, 243, Plaintiff’s Br. 9). Kern and Morrissette then arrived by auto and knocked on Gumz’ door to serve the warrant and Gumz again did not answer. Cloutier and Zabel walked 100 yards to the site of the dredging and arrested the operators (Defendants’ App. 235). Gumz exited his house, drove to the Kern-Morrissette vehicle and ordered it off his farm. After allegedly being informed of the warrant for his arrest, Gumz returned to his car and backed into the Kern-Morrissette vehicle (Defendants’ App. 245). The severity of the collision and the intended destination of Gumz (the dragline site or his house) were subjects of dispute below. [1398]*1398At any rate, after the collision Gumz drove toward his house and at that point defendant Cloutier called the six DNR reserves onto the Gumz property. They entered the property at high speeds and after a brief chase blocked the path of Gumz’ auto without contacting plaintiff or his vehicle. The ten DNR personnel were armed with a rifle, pistols, and shotguns. (Plaintiffs App. 286-300.) Gumz then raised his hands in surrender and was arrested without incident and the dragline was seized and removed from the Gumz property (Plaintiffs App. 149-159; Defendants’ App. 240-241, 264).
Gumz was taken to the Sauk County Sheriff’s office where he was charged by the defendants with violating the dredging law and with a felony of criminal damage to property (Plaintiff’s App. 317-318). During his custody Gumz became ill and ultimately he was released after posting a $443 bond (Defendants’ App. 319, Plaintiff’s App. 318). Almost immediately after his release Gumz was hospitalized for an emergency operation to implant a pacemaker, which he subsequently underwent (Plaintiff’s App. 321-327).
Plaintiff filed this action on January 24, 1983, in the United States District Court for the Western District of Wisconsin, seeking $1.425 million in compensatory damages and $1 million in punitive damages. Gumz’ complaint charged that the incident of March 3 resulted in violations of the First, Fourth, Fifth, Eighth and Fourteenth Amendments to the United States Constitution and gave rise to liability under 42 U.S.C. §§ 1981, 1982, 1983, 1985(2), 1985(3), 1986 and 1988, and under Wisconsin law. In its Order of August 3, 1984, the district court dismissed all claims, except those arising under § 1983 and under state law, for failure to state a claim on which relief could be granted. The court also ruled that plaintiff’s complaint did not adequately allege a violation of the Fourth Amendment so as to state a claim under § 1983 since neither the absence of probable cause nor of a neutral and detached magistrate was asserted. This ruling has not been contested. Judge Doyle did hold that valid claims under § 1983 were stated only with respect to the First and Fourteenth Amendments. See pp. 16-17 of opinion of August 3, 1984 (R. Item 26).
The First Amendment claim involved alleged retaliation toward and deterrence of Gumz in the exercise of his rights of expression.2 Deprivations of plaintiff’s liberty and property without due process of law contrary to the Fourteenth Amendment could have resulted, in the court’s view, from the use of excessive force in arresting Gumz, from the seizure of the dragline without probable cause to believe it was being used illegally, from holding and interrogating the plaintiff at the sheriff’s office for an excessive period of time, and from deliberate and callous indifference to plaintiff’s medical needs during his confinement. (8/3/84 Order at 13-18.) Finally, the court ruled that the complaint stated a claim under Wisconsin law for assault and battery, false arrest, false imprisonment, intentional and negligent infliction of mental distress, abuse of process and negligence (8/3/84 Order at 18, 25). The court denied all of defendants’ motions for summary judgment. Plaintiff does not appeal any of the adverse rulings in the August 3 Order.
On September 7, three days before trial, the court dismissed plaintiff’s state law claims for failure to comply with the Wisconsin notice of claims statute (R. Items Nos. 43 (par. 8), 51 and 53), and this dismissal is not challenged.
At the close of plaintiff’s case and at the close of all the evidence defendants moved for a directed verdict on all issues. The court granted the defendants’ motions for directed verdict in part, dismissing most of the lower level DNR officials and employees from the case. The court took away from the jury the issues of excessive inter[1399]*1399rogation of plaintiff and of deliberate and callous indifference to plaintiffs medical needs during his confinement. (Defendants’ App. 408, 440, 427-428.)
Both sides presented evidence at trial attempting to demonstrate the necessity and reasonableness or the excessiveness and unjustifiability of the degree of force amassed on March 3. The jury returned verdicts in favor of plaintiff and against defendants Morrissette and Cloutier on only one issue, finding that they had caused “the use of excessive force in the arrest of plaintiff on March 3, 1981,” and also that Cloutier alone had maliciously caused the use of such force. The jury found that Morrissette and Cloutier had 1) not used excessive force in retaliation' for Gumz’ opposition to DNR policies and practices nor to deter plaintiff from such expressions in the future, 2) not caused the plaintiff to be confined for an excessive period of time on March 3, 1981, and 3) seized the dragline on March 3 (Cloutier maliciously and Morrissette without a good faith belief that it was constitutional), but had probable cause to believe the apparatus was being used to dredge the leech waterway. Finally the jury found that the use of excessive force caused plaintiff to suffer emotional distress on March 3 and in the immediate aftermath but did not cause him to suffer a heart problem or a persistent change in personality. Compensatory damages of $50,000 and medical expenses of $15,000 were awarded against both defendants and $10,000 in punitive damages was awarded against Cloutier (R. Item 78).
The court entered judgment on the verdict on October 19, 1984, dismissing on the merits all other claims against Cloutier and Morrissette, and dismissing all claims against all other defendants. The state law claims were included in the dismissals. The court denied all post-verdict motions and it is from those denials that the parties specifically appeal.
II
Although the manner in which the issues of this case ultimately were framed for trial was somewhat unusual, this appeal appears to raise two main questions. First, did the use of force by defendants in executing the March 3, 1981, arrest amount to a constitutional violation, and second, did the seizure of plaintiff’s dragline on the same date constitute a deprivation of property without due process of law? We turn first to the excessive force issue.
A. EXCESSIVE USE OF FORCE
In Blake v. Katter, this Court expressly recognized that “an allegation of excessive force during an arrest is cognizable under § 1983.” 693 F.2d 677, 682 (7th Cir.1982). The constitutional provision on which most courts, including the district court (8/3/84 Order at 16-17), ground a § 1983 claim solely alleging excessive use of force by state officials is the Fourteenth Amendment. In other words, the use of force is treated as a potential deprivation of liberty without due process of law. Blake v. Katter, 693 F.2d at 682; Black v. Stephens, 662 F.2d 181, 188 (3d Cir.1981), certiorari denied, 455 U.S. 1008, 102 S.Ct. 1646, 71 L.Ed.2d 876; Rutledge v. Arizona Board of Regents, 660 F.2d 1345, 1352 (9th Cir.1981), affirmed on other grounds sub nom. Kush v. Rutledge, 460 U.S. 719, 103 S.Ct. 1483, 75 L.Ed.2d 413; Shillingford v. Holmes, 634 F.2d 263, 265 (5th Cir.1981); Johnson v. Glick, 481 F.2d 1028, 1032 (2d Cir.1973), certiorari denied sub nom. John v. Johnson, 414 U.S. 1033, 94 S.Ct. 462, 38 L.Ed.2d 324; Dobson v. Green, 596 F.Supp. 122, 125, 124 (E.D.Pa.1984); but see Jenkins v. Averett, 424 F.2d 1228, 1232 (4th Cir.1970) (Fourth Amendment made applicable to states by Fourteenth Amendment protects persons from injuries arbitrarily inflicted by state officials);3 Lykken v. Va[1400]*1400vreck, 366 F.Supp. 585, 595 (D.Minn.1973) (excessive force in effecting arrest governed by Fourth Amendment).
The primary inquiry in addressing an excessive force claim brought under § 1983 is whether the conduct of state officials was so egregious or intolerable as to shock the conscience of the court and constitute a constitutional violation as opposed to a mere violation of state tort law. The Supreme Court has made it clear that “Section 1983 imposes liability for violations of rights protected by the Constitution, not for violations of duties of care arising out of tort law,” Baker v. McCollan, 443 U.S. 137, 146, 99 S.Ct. 2689, 2695, 61 L.Ed.2d 433, and that “not every injury in which a state official has played some part is actionable under [§ 1983].” Martinez v. California, 444 U.S. 277, 285, 100 S.Ct. 553, 559, 62 L.Ed.2d 486. Consequently remedies for violations of duties arising out of tort law must be sought in state court. Baker, 443 U.S. at 146, 99 S.Ct. at 2695.
The right protected by the Fourteenth Amendment in the context of claims of excessive force is “the right to be free of state intrusions into realms of personal privacy and bodily security through means so brutal, demeaning, and harmful as to literally shock the conscience of the court.” Hall v. Tawney, 621 F.2d 607, 613 (4th Cir.1980). The determination of whether this right has been violated requires a certain amount of line-drawing, and must be resolved on a case-by-case basis. See Shillingford, 634 F.2d at 265; Johnson v. Glick, 481 F.2d at 1032-1033. Three of our sister Circuits utilize a three-part standard to provide guidance in making this delicate determination and we adopt the test. According to this standard the use of force by a state officer is unconstitutional if it 1) caused severe injuries, 2) was grossly disproportionate to the need for action under the circumstances, and 3) was inspired by malice rather than merely careless or unwise excess of zeal so that it amounted to an abuse of official power that shocks the conscience. See Wise v. Bravo, 666 F.2d 1328, 1333 (10th Cir.1981); Shillingford, 634 F.2d at 265 (5th Cir.); Hall v. Tawney, 621 F.2d at 613 (4th Cir.).
Application of this standard to the instant case indicates that defendants’ conduct did not amount to a constitutional violation. Since there is sufficient evidence to support the jury’s finding that Cloutier maliciously caused the use of excessive force, and in view of the fact that the draconian operation of March 3, 1981, was orchestrated to secure payment of a $100 civil penalty and terminate further civil violations, it would not be proper for this Court to reverse the district court’s judgment on the basis of either the second or third criterion of the three-part test. A review of the court's holdings and the jury’s findings with respect to the injury sustained by Gumz as a result of the March 3 incident, however, forces us to conclude that this case does not involve the type of severe harm redressible under § 1983.
[1401]*1401The situation before us viewed in its worse light can be summarized as follows: two state officials implemented an operation to enforce a civil statute that utilized too many bodies and too many guns and those officials maliciously planned the needlessly dramatic and coercive operation knowing it would surprise, frighten, upset and anger the plaintiff. The jury found that the harm or injury resulting to Gumz because of the incident was “emotional distress on March 3, 1981 and in the immediate aftermath” (R. Item 78). The jury specifically refused to find that the use of force caused plaintiff to suffer either a “heart problem” or a “persisting change in personality” (id.). In his post-trial motions, plaintiff asserted that he should be compensated for hospital and medical expenses incurred shortly after the March 3 incident, but the district judge rejected this contention, explaining:
The critical point is that the jury found that the defendants’ conduct had not caused anything but the immediate emotional distress, and that determination is supported by credible evidence. * * * And there was no basis in the evidence for suggesting that during that short term, which was referred to in the order by the words, “On March 3, 1981 and in the immediate aftermath,” * * * that injury to the plaintiff involved the necessity for medical care and hospitalization and various procedures and so on * * *. (11/21/84 Transcript at pp. 68-69).
Neither the court nor the jury found that Gumz was struck, pushed, mistreated or threatened during the incident or suffered even any minor physical injuries as a result of the incident. With respect to the post-arrest period, the district judge ruled as a matter of law that there was no excessive questioning of Gumz and no deliberate or callous indifference to his medical needs (Defendants’ App. 426-429). The jury found that there was no excessive period of confinement of Gumz (R. Item 78). Thus the only force involved here was the grossly excessive demonstration of manpower and firepower. The only resulting injury or harm was the understandable emotional distress suffered by the unsuspecting and unwary target of the display. Where the undue force underlying an excessive force claim primarily consists of an abstract demonstration of. force and not its actual use, a justified finding of liability under § 1983 would be most unusual.
While this type of unnecessary display of force can hardly be condoned, the restraint shown by these officials in utilizing the force amassed and the absence of any physical or bodily injury place this case with those claims actionable only under state tort law. Plaintiff cites and this Court can discover no case allowing recovery for use of excessive force under § 1983 where there was an absence of any kind of bodily or physical injury resulting from the use of force. Plaintiff argues that Lykken v. Vavreck, 366 F.Supp. 585 (D.Minn.1973), allowed recovery under § 1983 under similar circumstances. Although Lykken did involve the unnecessary utilization of ten to twenty uniformed policemen to break up a peaceful gathering, the court’s holding of liability under § 1983 rested predominantly on the fact that the police raid “was undertaken as a harassment tactic, because of plaintiffs’ political beliefs” with a purpose “antithetical to the First Amendment.” 366 F.Supp. at 595. In the present case the jury expressly found that the defendants’ actions were not taken to retaliate for or deter Gumz’ expressions of opposition to DNR policies and practices (R. Item 78). The Lykken court also appeared to base § 1983 liability in part on Fourth Amendment considerations to which plaintiff, as noted supra note 3, has waived any objections. 366 F.Supp. at 595.
This Court is not holding that some type of bodily injury is an absolute requirement to § 1983 liability based on an excessive force claim. But the ultimate question here is, after all, whether the use of force was so egregious as to be constitutionally excessive, and the presence of some physical injury is certainly relevant to that determination. Circumstances involving actions of state officials maliciously designed to take advantage of a known mental weak[1402]*1402ness or instability and to evoke an extreme emotional response from an individual could violate Fourteenth Amendment due process guarantees (even if the emotional distress suffered by the individual did not result in any observable physical symptoms). In such a case the “severe injury” required by our three-part standard would be present. Although defendants here must have known that their operation would upset and anger the plaintiff, the facts of this case as determined by the judge and jury do not implicate the type of “brutal and demeaning” attack on the psyche of Marcus Gumz which would be actionable under § 1983.4
B. SEIZURE OF THE DRAGLINE
The district court appeared to rule that the alleged seizure of plaintiffs dragline stated a valid claim under § 1983 on the theory that the seizure potentially constituted a deprivation of property without due process of law in violation of the Fourteenth Amendment (8/3/84 Order pp. 16-17).5 In framing the issue for trial, the court reasoned that a jury finding of probable cause that the dragline was being used for dredging on March 3 would puncture any contention that the seizure violated due process constraints (id. at 17; R. Item 78; Defendants’ App. 433). The plaintiff objected to this approach both below and here by arguing that even if probable cause existed, the seizure added weight to the excessive force claim and formed part of the basis of the jury’s award compensating plaintiff for his emotional distress because the seizure was wholly unnecessary and maliciously undertaken (Br. 32-36; Defendants’ App. 102-103, 441-442; 11/26/84 Order).
The defendants seemingly suggest that the district court’s analysis of the deprivation of property issue is justified by the DNR officials’ need to seize the dragline as evidence of the illegal dredging (Reply Br. 12). We fail to understand how this need justifies the seizure without notice or hearing of property used to commit a civil violation. Since the plaintiff raises this point indirectly on appeal (Br. 33-34) and appears to have raised it below (Defendants’ App. 441-442), we will not rule that Gumz has waived objection to the district court’s error. We nevertheless affirm the district court’s refusal to allow Gumz compensation for the seizure under § 1983 since under Hudson v. Palmer, 468 U.S. -, 104 S.Ct. 3194, 82 L.Ed. 393, it is clear that the seizure was not a deprivation of property without due process of law.
Because plaintiff’s dredging was not prohibited by a criminal statute, the taking in this case cannot be justified as a seizure of the evidence or instrumentality of a crime. See United States v. One 1967 Porsche, etc., 492 F.2d 893, 895 (9th Cir.1974). The basis for the arrest of Gumz and seizure of his property, Wis.Stat. § 30.20, see supra note 1, is a civil statute prohibiting the removal of “any material from the bed of any lake or stream” and providing that any person violating the statuté shall “forfeit not more than $1,000 for each such violation.” The relevant enforcement section of the Harbors and Navigation Chapter (in which § 30.20 is located), Wis.Stat. § 30.03 (1979), states that “All forfeitures shall be recovered by civil action as provided in ch. 778.” 6 It appears [1403]*1403that a “forfeiture” of $100 was sought m the Wisconsin Circuit Court (Defendants’ App. 385) under § 30.03(3). Thus the seizure here must be analyzed as a taking under the due process clause.
The Supreme Court has stated the general rule that “absent an ‘extraordinary situation’ a party cannot invoke the power of the state to seize a person’s property without a prior judicial determination that the seizure is justified.” United States v. Eight Thousand Eight Hundred & Fifty Dollars, 461 U.S. 555, 562 n. 12, 103 S.Ct. 2005, 2011, n. 12, 76 L.Ed.2d 143. A great number of cases have considered whether statutes authorizing seizures of property utilized in violations of civil statutes without a pre-deprivation hearing (or with no hearing at all) involve the necessary extraordinary circumstances. See United States v. An Article of Device “Theramatic, ” 715 F.2d 1339 (9th Cir.1983), certiorari denied sub non. Cloword v. United States, — U.S. -, 104 S.Ct. 1281, 79 L.Ed. 685; Sutton v. City of Milwaukee, 672 F.2d 644 (7th Cir.1982); United States v. Vertol H21C, 545 F.2d 648 (9th Cir.1976). Deprivation of property in the instant case involves a special kind of taking by the state, expressly considered by the Supreme Court in Parratt v. Taylor, 451 U.S. 527, 101 S.Ct. 1908, where the loss of property “is occasioned by a random, unauthorized act by a state employee, rather than by an established state procedure.” Hudson, 468 U.S. at-, 104 S.Ct. at 3203, 82 L.Ed. at 406. In such circumstances, where the state cannot predict or realistically prevent the deprivation of property, Parratt ruled that the Fourteenth Amendment is not violated if the state provides a meaningful post-deprivation remedy. 451 U.S. at 541-43, 101 S.Ct. at 1916-17. Although the rule of Parratt was necessarily limited by the facts of that case to negligent deprivations of property, the Supreme Court in Hudson v. Palmer extended the holding of Parratt to intentional deprivations of property. 468 U.S. at-, 104 S.Ct. at 3203, 82 L.Ed. at 407.
There is no dispute that the instant case involved an intentional taking of plaintiff’s property. It is also clear that the deprivation was the result of a random and unauthorized act of a state official. Neither Wis.Stat. § 30.20(l)(b) nor Wis.Stat. § 30.03(3) authorized the seizure of Gumz’ property. The Wisconsin civil action for recovery of statutory forfeitures, Wis.Stat. § 778 (1979), allows a court to issue an arrest warrant if an alleged violator has failed to appear in court as required by the civil citation. See Wis.Stat. § 778.25(8)(a). The defendants were acting under such a civil arrest warrant issued because of Gumz’ failure to answer to the dredging citation (Defendants’ App. 373; Defendants’ Exhibit 10). See Wis.Stat. . § 778.-25(8)(a). Seizure of a civil defendant’s property would only be permissible after entry of judgment and issuance of a writ of execution by the court. See Wis.Stat. § 815.02, 815.05. There is no evidence that the proceedings against Gumz had reached this stage. Consequently, our remaining inquiry is solely whether Wisconsin provided the plaintiff with a meaningful post-deprivation remedy to redress the taking of his property. We are satisfied that the remedies are adequate.
Wisconsin law contains a provision which establishes a simple procedure for obtaining the return of property seized with or without a warrant and such property may be withheld only if it is contraband or is needed for evidence. See Wis.Stat. § 968.-20. An action for “the recovery of personal property or the unlawful withholding or conversion of personal property” also exists under Wisconsin law. See Wis.Stat. § 895.01(1); Preston v. United States, 696 F.2d 528 (7th Cir.1982); Production Credit Association v. Nowatzski, 90 Wis.2d 344, 280 N.W.2d 118 (1979). An action for tres[1404]*1404pass to personal property is also available. See Wisconsin Power & Light Co. v. Columbia County, 3 Wis.2d 1, 87 N.W.2d 279 (1958). If defendants were acting without authority, as it appears, they would be personally amenable to suit under Wisconsin law since Wisconsin public officers enjoy no immunity when acting in clear absence of all jurisdiction or authority, see, e.g., Maynard v. Madison, 101 Wis.2d 273, 304 N.W.2d 163,167 (1981), or when engaging in malicious, wilful and intentional conduct. See, .e.g., Yotvat v. Roth, 95 Wis.2d 357, 290 N.W.2d 524, 530 (1980). But even if defendants were acting “in their official capacity or in the course of their agency or employment,” the only prerequisite to an action against them is the service upon the Wisconsin attorney general of written notice of the claim within 120 days of the event causing the injury or damage giving rise to the claim. See Wis.Stat. § 893.-82(1).
Because Wisconsin provides Gumz with adequate post-deprivation remedies for the seizure of his property, no violation of the Fourteenth Amendment occurred in this case.
The district court’s judgment is affirmed to the extent it does not allow compensation to the plaintiff for the seizure under § 1983. The judgment is reversed with respect to the excessive force claim with directions to enter judgment for the defendants.7