Robert Phillips
- Ref # CAC00026
- March 29, 2021
Shooting a Fleeing Suspect as a Fourth Amendment Seizure
CASE LAW
- State Officers’ Civil Liability under 42 U.S.C. § 1983
- An Arrest as a Fourth Amendment Seizure of the Person
- Seizure of a Person Through the Use of Force
- Physical Force Used Against an Escapee with the Intent to Restrain
RULES
The application of physical force by a police officer to the body of a person with the intent to restrain her constitutes a Fourth Amendment seizure, even if the person does not submit and is not subdued. This includes the situation where, despite a police officer’s use of force by shooting and wounding the person, she escapes.
FACTS
On July 15, 2014, four New Mexico State Police Officers, including Officers Janice Madrid and Richard Williamson, went to an apartment complex in Albuquerque to execute an arrest warrant for a specific woman. Instead, they came across two other people standing near a car in the parking lot. As the officers approached them, one of them walked away while ....
