Lewis that Fourth Amendment privacy interests encompass security from excessive force; (2) its direction in Graham v. Connor to find the locus of a constitutional right in a specific provision of the Bill of Rights before resorting to the amorphous substantive due process clause as a source of ...
Federal and applicable state constitutional protections apply to persons and actions in school settings with equal force as to any other place or circumstances. Due process of law, applicable to the states under theFourteenth Amendmentand to the federal government under the Fifth Amendment, requires t...
Due process under the Fourteenth Amendment can be broken down into two categories: procedural due process and substantive due process. Procedural due process, based on principles of “fundamental fairness,” addresses which legal procedures are required to be followed in state proceedings. Relevant issu...
The Eleventh Circuit then observed that the United States Supreme Court, in Whitley v. Albersiv, identified a five factor test that must be satisfied under the "shocks the conscience" test. The five factors a court must consider are (1) the need for force, (2) the relationship between ...
The constitutional doctrines associated with fourth amendment excessive force claims focus uponwhether police officers "seized" an individual and whether 89-1708 (4th Cir for failing to wearhelmets did not "seize" them within the meaning of the fourth amendment even thoughUrbonya, Kathryn R...