United States Tenth Circuit

In an excessive force civil rights action, partial judgment for plaintiff is affirmed where: 1) the due process guarantee was the proper doctrinal prism through which to analyze the claims of federal immigration detainees who did not challenge the lawfulness of their detention but only the force used during that detention; and 2) to create a triable question of fact on the use of excessive force, a plaintiff must do more than show that the defendant county failed to adopt the most protective possible policy against the application of force.

Appellate Information

• Decided 11/09/2010
• Published 11/09/2010

Judges

• Kimberly Gorsuch

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Mark E. Bialick, Robert S. Lafferrandre