Court: Its not a seizure if the suspect flees

If police shoot at a fleeing suspect– and miss– does the conduct implicate the Fourth Amendment? Here’s how the Tenth Circuit recently framed the issue in Farrell v. Montoya: Oriana Lee Farrell and her five children claim that Defendant Elias Montoya, while on duty as a New Mexico state police officer, violated their Fourth Amendment… read more…

Inmate-on-inmate violence supports failure to protect claim

In a recent opinion issued by the Tenth Circuit on December 19, 2017, the court was tasked with determining whether an inmate could pursue a claim against two corrections officers and a case manger for failing to protect him from an attack by members of a rival prison gang. You can access the decision in… read more…