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· 6/20/1990

Bradier Steve Landol-Rivera, Etc. v. Gilberto Cruz Cosme and Jaime Cintron Ramos

Citations

  • 906 F.2d 791
  • 1990 U.S. App. LEXIS 9980
  • 1990 WL 82565

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that a hostage shot by police was not seized because the officers’ action was not “directed toward” shooting the hostage as a “specific individual”
  • holding that a passenger who was accidentally shot by a police officer did not have a Fourth Amendment claim because the officer’s intent was to shoot the fleeing driver, not the passenger
  • explaining that unintentional conduct may trigger Fourth Amendment liability “when a police officer accidentally causes more severe harm than intended to an individual”
  • explaining that “mistakes of identity” are different from “inadvertent ‘acquisitions of physical control’” because “[i]t is intervention directed at a specific individual that furnishes the basis for a Fourth Amendment claim”
  • applying Brower to find that a hostage who was accidentally injured when police shot at a robber was not seized under the Fourth Amendment
  • finding no seizure where officers fired at a suspect driving with a hostage on his lap and an “errant bullet” struck the hostage because the officers’ actions were not “directed toward” the hostage

Source: CourtListener parenthetical corpus (CC0).

Judges: Breyer, Coffin, Cyr

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.