· 2/25/2005
Marquez v. Albuquerque, City of
Citations
- 399 F.3d 1216
- 66 Fed. R. Serv. 702
- 2005 U.S. App. LEXIS 3299
- 2005 WL 435469
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- affirming the district court’s ruling that “testimony regarding law enforcement standards was both irrelevant and confusing on the ground that the violation of such standards is not ipso facto a Fourth Amendment violation”
- noting officers need not “use the least intrusive means” during an investigative detention
- Affirming the district court’s judgment as a matter of law because, “a jury could rationally reach the conclusion that [officer]…acted reasonably when, after warning [plaintiff] to halt, he ordered his police service dog to apprehend [plaintiff]”
- officer acted reasonably in using canine to apprehend fleeing suspect after high-speed chase because the officer first warned the suspect to halt
- jury “could rationally reach the conclusion that [law enforcement] . . . acted reasonably when, after warning [plaintiff] to halt, he ordered his police service dog to apprehend [plaintiff]”
- On juror-misconduct claims, the inquiry is “whether they discussed specific extra-record facts relating to the defendant, and if they did, whether there was a significant possibility that the defendant was prejudiced thereby.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Kelly, Holloway, Hartz
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.