United States Tenth Circuit

In an action claiming that defendant-officers violated plaintiff's Fourth Amendment right to be free from unreasonable seizure by use of excessive force when they shot him after he fled the scene of a violent crime, summary judgment for defendants is affirmed where: 1) the authorities did not gain "intentional acquisition of physical control" over plaintiff; 2) the mere use of physical force or show of authority alone, without termination of movement or submission, did not constitute a seizure; and 3) the officer's gunshot may have intentionally struck plaintiff, but it clearly did not terminate his movement or otherwise cause the government to have physical control over him.

Appellate Information

• Decided 08/10/2010
• Published 08/10/2010

Judges

• Wade Brorby

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Paul S. Swedlund, Gordon L. Vaughan