· 5/20/1994
Charles Bella v. Lee Chamberlain and Curtis Meyers
Citations
- 24 F.3d 1251
- 1994 U.S. App. LEXIS 11767
- 1994 WL 195519
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that a court will “scrutinize only the seizure itself, not the events leading to the seizure, for reasonableness under the Fourth Amendment” (quoting Cole, 993 F.2d at 133)
- refusing to scrutinize events occurring one hour before the actual seizure and noting the events were not immediately connected with the seizure
- finding no seizure where shots fired at a fleeing helicopter “did not cause [the plaintiff] to submit nor did they otherwise succeed in stopping him”
- “[W]hen law en- forcement officers shoot at a fleeing suspect, a ‘seizure’ occurs only if the shot strikes the fleeing person or if the shot causes the fleeing person to submit to this show of authority.”
- force not disproportionate to need
Source: CourtListener parenthetical corpus (CC0).
Judges: White, Tacha, Brorby
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.