Does the seizure under the Fourteenth Amendment constitute an unlawful seizure?

MultiRegion, United States of America

The following excerpt is from Hughey ex rel. Themselves ex rel. Hughey v. Camacho, No. 2: 13-cv-2665-TLN-AC (E.D. Cal. 2015):

To the extent Plaintiffs state a seizure occurred under the Fourteenth Amendment, this claim is dismissed. See Graham v. Connor, 490 U.S. 386 394-95 (1989) ("all claims that law enforcement officers have used excessive forcedeadly or notin the course of an arrest, investigatory stop, or other "seizure" of a free citizen should be analyzed under the Fourth Amendment and its "reasonableness" standard, rather than under a "substantive due process" approach. Because the Fourth Amendment provides an explicit textual source of constitutional protection against this sort of physically intrusive governmental conduct, that Amendment, not the more generalized notion of "substantive due process," must be the guide for analyzing these claims").

Page 14

Other Questions


What is the effect of a "futile amendment" to the meaning of a constitutional amendment to the constitution in the context of constitutional issues? (MultiRegion, United States of America)
Is there a valid Fourth Amendment, Fourteenth and Fourteenth Amendment claim? (MultiRegion, United States of America)
Can a plaintiff amend to add Fifth Amendment due process claims to add to the Fourteenth Amendment? (MultiRegion, United States of America)
What constitutes a seizure under the Fourth Amendment for the purpose of search and seizure of a car? ("New York", United States of America)
If no Fourth Amendment seizure took place, would Plaintiffs' claims be considered under the Fourteenth Amendment? (MultiRegion, United States of America)
Can a motion to amend the constitution be amended when the claim that the amendment is futile? (MultiRegion, United States of America)
Does Entick v Carrington constitute a search and seizure within the meaning of the Fourth Amendment? (MultiRegion, United States of America)
What constitutes a search or seizure for Fourth Amendment purposes? (MultiRegion, United States of America)
How does the Fifth Amendment interact with the Fourteenth Amendment? (MultiRegion, United States of America)
Is the Fifth Amendment against double jeopardy absorbed into the Fourteenth Amendment? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.