· 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 CourtListenerSourced 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.