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· 10/10/2023

Garcia v. 122-130 E. 23rd St. LLC

Citations

  • 2023 NY Slip Op 05096

How courts have described this case

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

  • holding that excessive force claims should be analyzed under the Fourth Amendment, rather than under substantive Due Process
  • holding that the Fourth Amendment's objective reasonableness test is the appropriate standard for evaluating excessive force claims
  • holding that Fourth Amendment excessive force claims are properly analyzed under an objective reasonableness standard
  • holding that the Fourth Amendment’s freedom from unreasonable searches and seizures includes the right to be free from excessive force
  • holding that it was improper to analyze an excessive force claim under substantive due process where a specific constitutional provision was applicable
  • holding that it was improper to analyze an excessive force claim under substantive due process where a specific constitutional provision was applicable

Source: CourtListener parenthetical corpus (CC0).

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