Legal Opinion · Concurring in part, dissenting in part

Cortez v. McCauley

Court of Appeals for the Tenth Circuit

Decided February 19, 2007No. 04-2062Published

1Concurring in part, dissenting in part

GORSUCH, Circuit Judge,

concurring in part and dissenting in part, joined by HARTZ, O’BRIEN, TYMKOVICH, and HOLMES, Circuit Judges, and joined in Part I.b by McCONNELL, Circuit Judge.

The narrow issue that moved us to grant en banc review was the panel’s assertion that when a case contains claims for both an unlawful seizure and excessive force arising under the Fourth Amendment, the latter claim must always be subsumed *1138within and resolved in like fashion as the former claim. See Order, Cortez v. McCauley, No. 04-2062, at 2 (10th Cir. May 4, 2006) (unpub.). After sweeping aside the panel’s…

2Cases cited43 opinions

Terry v. OhioSupreme Court of the United States · 1968
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
Payton v. New YorkSupreme Court of the United States · 1980
Malley v. BriggsSupreme Court of the United States · 1986

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