Legal Opinion

Porro v. Barnes

Court of Appeals for the Tenth Circuit

Decided November 9, 2010No. 10-6002PublishedCited by 339 opinions

1Opinion of the Court

GORSUCH, Circuit Judge.

This case presents two central questions: What provision of the Constitution should this court use to analyze a federal immigration detainee’s claim of excessive force? And does a county’s failure to adopt a prophylactic policy with a standard of care higher than what the Constitution requires suffice, by itself, to suggest deliberate indifference to the Constitution’s protections against excessive force? On the first question, we hold that the due process guarantee is the proper doctrinal prism through which to analyze the claims of federal immigration detainees who…

2Cases cited30 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
  3. Graham v. ConnorSupreme Court of the United States · 1989
  4. Kentucky v. GrahamSupreme Court of the United States · 1985
  5. City of Canton v. HarrisSupreme Court of the United States · 1989

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3Cited by339 opinions

  1. Tangreti v. BachmannCourt of Appeals for the Second Circuit · 2020
  2. Barkes Ex Rel. Barkes v. First Correctional Medical, Inc.Court of Appeals for the Third Circuit · 2014
  3. Schneider v. City of Grand Junction Police DepartmentCourt of Appeals for the Tenth Circuit · 2013
  4. Estate of Marvin L. Booker v. GomezCourt of Appeals for the Tenth Circuit · 2014
  5. Cox v. GlanzCourt of Appeals for the Tenth Circuit · 2015

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