News & Analysis as of

Excessive Force Fourth Amendment Search & Seizure

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

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

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

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

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