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· 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 CourtListener

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.