Do the Police Seize a Person under the Fourth Amendment by Using Deadly Force If That Person Gets Away?

Abstract

The article for the American Bar Association previews the U.S. Supreme Court case of Torres v. Madrid, No. 19-292, argued on October 14, 2020. In this case, Respondents, two New Mexico State Police officers, shot and wounded petitioner Roxanne Torres to restrain her during an investigation. Petitioner escaped, however, and was not arrested until the next day at a hospital. Petitioner sued respondents in federal court for using unlawful deadly force under the Fourth Amendment. The district court granted summary judgment for respondents, finding that they did not “seize” petitioner when they shot her because petitioner eluded police custody. Petitioner appealed, and the Court of Appeals for the Tenth Circuit affirmed. Petitioner is asking the Supreme Court to reverse and hold that whenever the police use deadly force to restrain someone, the police seize that person under the Fourth Amendment, even if the person eludes police custody. This article examines the parties' arguments in the Supreme Court briefs, as well as the positions of amicus curiae.