United States Tenth Circuit

In the context of 42 U.S.C. section 1983 actions alleging police misconduct, when an excessive force claim rests solely on an allegation that an underlying seizure itself was unlawful, the excessive force claim is derivative. It necessarily exists as a result of the unlawful seizure and does not constitute a separate claim for relief.

Appellate Information

• Decided 02/13/2006
• Published 02/13/2006

Judges

• Before TACHA, Chief Judge, EBEL, KELLY, HENRY, BRISCOE, LUCERO, MURPHY, HARTZ, O'BRIEN, McCONNELL, TYMKOVICH, GORSUCH, and HOLMES, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Paul J. Kennedy (Mary Y.C. Han with him on the briefs), of Kennedy & Han, P.C., Albuquerque, NM, and Caren I. Friedman, Santa Fe, NM, for Plaintiffs-Appellees., William D. Slease (Jonlyn M. Martinez with him on the briefs), of Slease & Martinez, P.A., Albuquerque, NM, for Defendants-Appellants.