U.S. Court of Appeals for the Tenth Circuit
Torres v. Madrid
April 28, 2021
Summary
The court recognized that the Supreme Court had held that an intentional application of physical force to restrain a person constitutes a Fourth Amendment seizure even when the force does not stop the person's flight. Because the officers shot Torres while intending to restrain her, the prior judgment granting them qualified immunity could not stand on the ground that no seizure occurred. The court remanded for the district court to address the reasonableness of the seizure, damages, and qualified immunity.