Legal Opinion
Martinez v. Carr
Court of Appeals for the Tenth Circuit
Decided March 27, 2007No. 06-2069PublishedCited by 46 opinions
1Opinion of the Court
GORSUCH, Circuit Judge.
Jeramy Martinez seeks damages from New Mexico State Police Officer Theodore Carr pursuant to 42 U.S.C. § 1983, alleging that Officer Carr unreasonably seized him in violation of the Fourth Amendment by issuing him a criminal citation and threatening jail if he declined to sign the citation. Before the district court, Officer Carr claimed qualified immunity and moved for summary judgment. The district court denied summary judgment, and Officer Carr now appeals to us. We conclude that the actions of Officer Carr did not constitute a seizure for purposes of the Fourth…
2Cases cited23 opinions
- Mitchell v. ForsythSupreme Court of the United States · 1985
- Illinois v. CaballesSupreme Court of the United States · 2005
- Michigan v. ChesternutSupreme Court of the United States · 1988
- Atwater v. City of Lago VistaSupreme Court of the United States · 2001
- Hewitt v. HelmsSupreme Court of the United States · 1987
18 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- Royce McLin v. Jason ArdCourt of Appeals for the Fifth Circuit · 2017
- Burg v. GosselinCourt of Appeals for the Second Circuit · 2010
- Fisher v. City of Las CrucesCourt of Appeals for the Tenth Circuit · 2009
- Rojas v. AndersonCourt of Appeals for the Tenth Circuit · 2013
- Smith v. McCordCourt of Appeals for the Tenth Circuit · 2013
41 more not listed; retrieve them via the Exa API.