United States Tenth Circuit

In cases involving claims of both unlawful arrest and excessive force arising from a single encounter, it is necessary to consider both the justification officers had for the arrest and the degree of force they used to effect it. If a plaintiff can prove that officers lacked probable cause, he is entitled to damages for the unlawful arrest, including damages resulting from any force reasonably employed in effecting the arrest. If the plaintiff can prove that the officers used greater force than would have been reasonably necessary to effect a lawful arrest, he is entitled to damages resulting from that excessive force. The two relevant inquiries above are separate and independent.

Appellate Information

• Decided 02/16/2007
• Published 02/19/2007

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.