Torres v. Madrid et al.

Overview

Torres v. Madrid et al. (U.S. Supreme Court, March 25, 2021): The U.S. Supreme Court expanded the definition of a Fourth Amendment seizure in a new excessive force opinion, ruling in favor of a New Mexico woman who filed a civil rights lawsuit after being shot by police officers. The officers approached Plaintiff Torres in the parking lot of an apartment complex, but she mistook them for carjackers and sped away. The officers then fired at Torres, hitting her twice. Torres escaped to a hospital and was arrested the next day. She later sued seeking damages for excessive force. The officers argued there could be no constitutional violation since Torres’s escape obviated her “seizure” under the 4th Amendment. The Court disagreed, holding that application of physical force, with the intent to restrain, constitutes a seizure, even if the person neither submits nor is subdued. Read the full Opinion here.

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