Torres v. Madrid

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Case Overview

CITATION

ARGUED ON

DECIDED ON

DECIDED BY

592 U.S. __

Oct. 14, 2020

Mar. 25, 2021

Legal Issue

Must the application of physical force used to detain a suspect be successful to constitute a “seizure” under the Fourth Amendment?

Holding

No, the application of physical force to the body of a person with intent to restrain is a seizure even if the person does not submit and is not subdued.

Officers with the New Mexico State Police | Credit: New Mexico State Police

Background

On the morning of July 15, 2014, officers from the New Mexico State Police arrived at an apartment complex in Albuquerque to execute an arrest warrant for a suspect involved in a violent crime. In the parking lot, the officers observed Roxanne Torres standing near a vehicle. As the officers approached, Torres entered the driver’s seat of her car while experiencing methamphetamine withdrawal. Unaware of the officers’ identities and believing that armed carjackers were attempting to steal her vehicle, Torres accelerated her vehicle to escape. Two officers fired thirteen shots at her vehicle to stop her, striking Torres twice in the back and injuring her left arm. Despite her injuries, Torres continued to accelerate through the gunfire, drove to a nearby parking lot, and stole another vehicle to drive 75 miles to a hospital in Grants, New Mexico. Because she required specialized medical care, Torres was airlifted back to a hospital in Albuquerque, where police identified and arrested her the following day.

Torres pleaded no contest in state court to charges of assault on a peace officer, aggravated fleeing from a law enforcement officer, and unlawful taking of a motor vehicle. Torres subsequently filed a federal civil rights lawsuit against the two officers under 42 U.S.C. §1983, alleging that their use of deadly force constituted an unreasonable seizure under the Fourth Amendment. The U.S. District Court for the District of New Mexico granted summary judgment in favor of the officers. On appeal, the U.S. Court of Appeals for the Tenth Circuit affirmed the judgment, holding that a Fourth Amendment seizure requires officers to obtain physical control over a suspect. The U.S. Supreme Court then granted certiorari.

5 - 3 decision for Torres

Torres

Kagan

Roberts

Breyer

* Justice Barrett took no part in the consideration or decision of this case

Madrid

Kavanaugh

Sotomayor

Alito

Gorsuch

Thomas

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