Cortez v. McCauley
Court of Appeals for the Tenth Circuit
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
- Miranda v. ArizonaSupreme Court of the United States · 1966
- Bivens v. Six Unknown Named Agents of Federal Bureau of NarcoticsSupreme Court of the United States · 1971
- Graham v. ConnorSupreme Court of the United States · 1989
- Illinois v. GatesSupreme Court of the United States · 1983
- Anderson v. CreightonSupreme Court of the United States · 1987
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