Legal Opinion · Dissent

A.M. Ex Rel. F.M. v. Holmes

Court of Appeals for the Tenth Circuit

Decided July 25, 2016No. 14-2066; 14-2183Published

1DissentGorsuch, Circuit Judge

If a seventh grader starts trading fake burps for laughs in gym class, what’s a teacher to do? Order extra laps? Detention? A trip to the principal’s office? Maybe. But then again, maybe that’s too old school. Maybe today you call a police officer. And maybe today the officer decides that, instead of just escorting the now compliant thirteen year old to the principal’s office, an arrest would be a better idea. So out come the handcuffs and off goes the child to juvenile detention. My colleagues suggest the law permits exactly this option and they offer ninety-four pages explaining why they…

2Cases cited9 opinions

  1. Wilson v. LayneSupreme Court of the United States · 1999
  2. Smith v. City of JacksonSupreme Court of the United States · 2005
  3. State v. WigginsSupreme Court of North Carolina · 1967
  4. In Re BrownCourt of Appeals of North Carolina · 2002
  5. State v. SilvaNew Mexico Court of Appeals · 1974

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