The following excerpt is from Toscano v. City of Fresno, Case No. 1:13-cv-01987-SAB (E.D. Cal. 2015):
Graham v. Connor, 490 U.S. 386, 395 (1989). However, if no Fourth Amendment seizure took place, then Plaintiffs' claims would be considered under the Fourteenth Amendment.
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.