Case Summaries – U.S. Supreme Court (March 25, 2021)

This post summarizes a decision released by the United States Supreme Court on March 25, 2021. The application of physical force with intent to restrain a suspect, even if unsuccessful, is a Fourth Amendment seizure Torres v. Madrid, ___ U.S. ___, 2021 WL 1132514 (Mar. 25, 2021) (Roberts, C.J.). Law enforcement officers were attempting to serve an arrest warrant early in the morning at an apartment complex in New Mexico. They noticed the plaintiff in the parking lot and realized she was not the subject of the warrant but wished to speak with her. As they approached, the plaintiff entered her car. According to the plaintiff, she did not immediately notice the police approaching (and was admittedly under the influence of methamphetamine). When an officer tried to open her car door to speak with her, she noticed armed men surrounding her car for the first time and drove off, fearing a carjacking. Although not in the path of the vehicle, the officers fired 13 rounds at the car as it drove away. The plaintiff was struck twice in her back but escaped, only to be apprehended the next day. She sued under 42 U.S.C. § 1983 for excessive force, alleging that the shooting was an unreasonable Fourth Amendment seizure. The district court granted summary judgment to the officers and the Tenth Circuit affirmed. Circuit precedent held that no seizure occurs when an officer’s use of force fails to obtain control of the suspect. The Supreme Court granted certiorari and reversed 5-3. [...]