Legal Opinion

Cortez v. McCauley

Court of Appeals for the Tenth Circuit

Decided February 19, 2007No. 04-2062PublishedCited by 485 opinions

1Opinion

ON REHEARING EN BANC

KELLY, Circuit Judge,

joined by TACHA, Chief Judge, EBEL, HENRY, BRISCOE, LUCERO, and MURPHY, Circuit Judges, and joined in part by HARTZ, O’BRIEN, McCONNELL, TYMKOVICH, GORSUCH, and HOLMES, Circuit Judges.

We granted rehearing en banc primarily to consider under what circumstances, if any, an excessive force claim is subsumed in an unlawful arrest claim. The panel opinion upheld the district court’s denial of qualified immunity except for one excessive force claim, which the panel determined warranted qualified immunity. Cortez v. McCauley, 438 F.3d 980, 1002 (10th…

2Cases cited80 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Bivens v. Six Unknown Named Agents of Federal Bureau of NarcoticsSupreme Court of the United States · 1971
  3. Graham v. ConnorSupreme Court of the United States · 1989
  4. Illinois v. GatesSupreme Court of the United States · 1983
  5. Anderson v. CreightonSupreme Court of the United States · 1987

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3Cited by485 opinions

  1. Fogarty v. GallegosCourt of Appeals for the Tenth Circuit · 2008
  2. Estate of Marvin L. Booker v. GomezCourt of Appeals for the Tenth Circuit · 2014
  3. Koch v. City of Del CityCourt of Appeals for the Tenth Circuit · 2011
  4. Richard Wesley v. Alison CampbellCourt of Appeals for the Sixth Circuit · 2015
  5. Porro v. BarnesCourt of Appeals for the Tenth Circuit · 2010

480 more not listed; retrieve them via the Exa API.

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