· 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).
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.