Courthouse Steps Oral Argument Teleforum: Torres v. Madrid

In 2014, Roxanne Torres pleaded guilty to three crimes: aggravated fleeing from a law enforcement officer, assault on a police officer, and unlawfully taking a motor vehicle. All of these crimes occurred while Ms. Torres was under the influence of methamphetamine. Ms. Torres was stopped by two police officers only after one shot and wounded her. In October of 2016, she filed a civil rights complaint in federal court against the two arresting officers in which she claimed the officers used excessive force and conspired to use excessive force. After the court interpreted her complaint under the Fourth Amendment, the court dismissed the case claiming the officers are entitled to qualified immunity. The court reasoned that because there was no seizure at the time of the shooting, there could be no Fourth Amendment violation. The U.S. Court of Appeals for the Tenth Circuit affirmed the lower court's decision.
Featuring:
Kent Scheidegger, Legal Director & General Counsel, Criminal Justice Legal Foundation

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