· 8/31/2005
Janet M. Hicks v. Richard D. Moore
Citations
- 422 F.3d 1246
- 2005 U.S. App. LEXIS 18831
- 2005 WL 2086352
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the plaintiff could not maintain a supervisory liability claim against the defendant supervisors absent an underlying constitutional violation
- noting that the Fourth Amendment “protects people from ‘unreasonable’ seizures, and ‘unreasonable’ contemplates” harassing and abusive behavior towards a detainee during a seizure
- holding the plaintiff could not maintain a supervisory liability action under § 1983 because there was no underlying constitutional violation by the officers
- noting that district court had discretion to remand the plaintiff’s supplemental state law claims after it granted summary judgment on all federal claims in favor of the defendant
- acknowledging that unwanted touching “towards a detainee during a seizure” could amount to a Fourth Amendment violation, but finding summary judgment appropriate because the touching was “too slight”
- observing that after summary judgment has been granted on all federal law claims, the district court has discretion to decline to exercise supplemental jurisdiction over the state law claims
Source: CourtListener parenthetical corpus (CC0).
Judges: Edmondson, Hull, Edenfield
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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