Supreme Court sides with woman shot by police
By Associated Press -March 25, 2021 1:39 PM
The plaintiff claimed police used excessive force against her, making the shooting an unreasonable seizure under the Fourth Amendment.
The Supreme Court is siding with a New Mexico woman who was shot by police as she drove away from them, in a case that will allow more excessive force lawsuits against police to go forward.
The justices ruled 5-3 on Thursday that Roxanne Torres' suit could continue because she had been "seized" by police when she was shot, even though she fled. The five justices in the majority included the court's three liberals and two of its conservative members.
"The question in this case is whether a seizure occurs when an officer shoots someone who temporarily eludes capture after the shooting. The answer is yes: The application of physical force to the body of a person with intent to restrain is a seizure, even if the force does not succeed in subduing the person," Chief Justice John Roberts wrote in an 18-page opinion for himself, conservative Brett Kavanaugh, and liberals Stephen Breyer, Sonia Sotomayor, and Elena Kagan.
https://americanindependent.com/supreme-court-excessive-police-force-fourth-amendment/
= new reply since forum marked as read
