· 3/16/2005
Tanberg v. Sholtis
Citations
- 401 F.3d 1151
- 66 Fed. R. Serv. 942
- 2005 U.S. App. LEXIS 4332
- 2005 WL 605775
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that excessive force inquiry requires that officer use reasonable, not optimal, force
- “That an arrest violated police department procedures does not make it more or less likely that the arrest implicates the Fourth Amendment[.]”
- “Under this objective standard, evidence tending to show Officer Sholtis’s subjective state of mind is irrelevant.”
- a violation of a SOP was irrelevant to determining whether an arrest violated the reasonableness requirement of the Fourth Amendment
- \violation of police regulations is insufficient to ground a § 1983 action for excessive force\
- “Even if [the defendant officer] violated the SOPs, this violation would not create a violation of a clearly established constitutional right ex nihilo.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Lucero, McConnell, Anderson
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.