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CA7: A mere touching to make somebody move along who was hostile probably is not an unreasonable seizure, and the jury was properly instructed

By John Wesley Hall, Jr.

When police responded to a commotion call at a Wal-Mart, the officer’s touching plaintiff’s arm was more “more exhortatory than commanding” in an attempt to defuse the situation, so it was not a seizure that was unreasonable under the Fourth Amendment, and the district court properly instructed the jury. Carlson v. Bukovic, 2010 U.S. App. LEXIS 18383 (7th Cir. September 2, 2010).* Pro se plaintiff did not state a claim for his strip search on movement from one jail to another, despite his claim it was “degrading.” There was no Eighth Amendment claim at all. Jackson v. Herrington, 2010 U.S. App. LEXIS 18347, 2010 FED App. 0573N (6th Cir. August 31, 2010) (unpublished).* Defendant’s stop was with probable cause under the collective knowledge of the police agencies involved...continue to full post

Full post as published by Fourth Amendment on September 07, 2010 (boomark / email).