News & Analysis as of

Fourth Amendment Excessive Force

The Fourth Amendment to the United States Constitution protects citizens from unreasonable searches and seizures and provides that warrants may only be granted upon findings of probable cause. The Fourth... more +
The Fourth Amendment to the United States Constitution protects citizens from unreasonable searches and seizures and provides that warrants may only be granted upon findings of probable cause. The Fourth Amendment applies to the States via the Due Process Clause of the Fourteenth Amendment.  Important areas of Fourth Amendment jurisprudence flow from questions surrounding the definitions of "search" and "seizure," the applicability of the Amendment to so-called "stop and frisk" situations, the level of control that must be exerted by law enforcement before an individual is deemed "seized," and the "exclusionary rule," just to name a few.    less -
Robins Kaplan LLP

To Seize or Not to Seize: Campus Protests and Police Uses of Force

Robins Kaplan LLP on

Dozens of college and university campuses experienced protests in April and May of 2024 due to the ongoing conflict in the Middle East. Many were peaceful, but some turned violent — and they engendered a wide variety of law...more

Dorsey & Whitney LLP

The Supreme Court - June 8, 2022

Dorsey & Whitney LLP on

Egbert v. Boule, No. 21-147: In this case, Robert Boule sued a border patrol agent arguing the agent violated his Fourth and First Amendment rights by using excessive force during a search and retaliating against Boule when...more

Epstein Becker & Green

Court Refuses to Extend Bivens to Excessive Force and Retaliation Claims: SCOTUS Today

Epstein Becker & Green on

Notwithstanding the fact that, as we approach the end of the term, the Court still had 30 cases to decide as of Wednesday morning, June 8, the day’s count has only been reduced by one. So, expect a flurry of cases with the...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Egbert v. Boule

On June 8, 2022, the U.S. Supreme Court decided Egbert v. Boule, No. 21-147, declining to recognize a cause of action for damages against a federal border agent for either a Fourth Amendment excessive-force claim or a First...more

Baker Donelson

A Victory for Qualified Immunity. A Trend to Continue?

Baker Donelson on

Events from recent years related to alleged police misconduct raised major questions surrounding the protections afforded by qualified immunity to police officers in excessive force claims. Two recent Supreme Court decisions...more

Poyner Spruill LLP

Torres v. Madrid (New Excessive Force Opinion from SCOTUS)

Poyner Spruill LLP on

In a 5-3 decision authored by Chief Justice Roberts, the U.S. Supreme Court ruled in Torres v. Madrid that a woman who was shot while fleeing from police officers was “seized,” even though she remained at large. ...more

Rumberger | Kirk

A Seizure by Any Other Name: US Supreme Court Affirms Centuries Old Rule Regarding the Use of Force and the Seizure of Criminal...

Rumberger | Kirk on

In a divided opinion, the United States Supreme Court recently corrected the Tenth Circuit’s divergence from centuries old law defining what constitutes a seizure by law enforcement for the purposes of Fourth Amendment...more

Dorsey & Whitney LLP

The Supreme Court - March 25, 2021

Dorsey & Whitney LLP on

Ford Motor Co. v. Montana Eighth Judicial Dist., No. 19-368; Ford Motor Co. v. Bandemer, No. 19-369: In two separate products liability actions, petitioner Ford Motor Company challenged the Montana and Minnesota State courts’...more

Fox Rothschild LLP

The Mandate Rule And Another Thinly-Sliced Qualified Immunity Opinion From The Fourth Circuit

Fox Rothschild LLP on

A while back I wrote about the collateral order doctrine as discussed by the Fourth Circuit in Williams v. Strickland. Williams involved an alleged excessive force claim against a law enforcement officer and an...more

Poyner Spruill LLP

US Supreme Court Holds Police Officer Shooting was Lawful

Poyner Spruill LLP on

The US Supreme Court issued an Opinion April 2, 2018 (Kisela v. Hughes) that a Tucson Police officer was justified in shooting a woman who was holding a knife near her roommate after the woman was reported exhibiting...more

Sands Anderson PC

Supreme Court: Police Had "Qualified Immunity" in Shooting Woman With Knife

Sands Anderson PC on

The Supreme Court ruled yesterday that a Tucson police officer who shot a woman four times could not be sued for violating the woman’s Constitutional rights. The case is a significant win for government officials. It’s a...more

Maynard Nexsen

Interesting and Useful Cases in Torts and Insurance - July 2017 in the Fourth Circuit Court of Appeals

Maynard Nexsen on

Each month, Nexsen Pruet attorney Marc Manos, a member of the SC Bar Torts and Insurance Practice Section Council, sheds light on a few recent cases from the Fourth Circuit Court of Appeals, focused in the area of Torts &...more

Haight Brown & Bonesteel LLP

United States Supreme Court Shuts Down Ninth Circuit’s "Provocation Rule"

In an October 2010 use of force case arising out of an incident in Los Angeles County, the Ninth Circuit attempt to expand officer liability with the “Provocation Rule” was struck down by the United States Supreme Court....more

Dorsey & Whitney LLP

The Supreme Court - December, 2016

Dorsey & Whitney LLP on

The Supreme Court of the United States granted certiorari in seven cases on Friday afternoon: Impression Products, Inc. v. Lexmark International, Inc., No. 15-1189: 1) Whether a "conditional sale" that transfers title to...more

Womble Bond Dickinson

Be Reasonable: Qualified Immunity, After-Discovered Facts, and the Case of Hernandez v. Mesa

Womble Bond Dickinson on

In some form or fashion, law students learn that the words “reasonable man” denote a person exercising those qualities of attention, knowledge, intelligence and judgment which society requires of its members for the...more

Best Best & Krieger LLP

High Court Grants Broader Immunity to Police Using Deadly Force in Chases

Best Best & Krieger LLP on

Officers are immune from liability in lawsuits alleging use of deadly force against fleeing suspects unless it is “beyond debate” that a shooting was unjustified and clearly unreasonable, the U.S. Supreme Court has ruled. The...more

Best Best & Krieger LLP

BB&K Police Bulletin: Use of Deadly Force: Officers’ Pre-Shooting Conduct Included in the Totality of Circumstances Test...

Best Best & Krieger LLP on

Overview: Deputies shot and killed Shane Hayes inside his home. His daughter filed suit against the deputies and the county for excessive force, Fourth Amendment violations, negligent wrongful death and claims against the...more

17 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide