No. 22-513

Hyrum James Geddes v. Weber County, Utah, et al.

Lower Court: Tenth Circuit
Docketed: 2022-12-02
Status: Denied
Type: Paid
Tags: civil-rights detention-facility due-process excessive-force fourteenth-amendment fourth-amendment objective-reasonableness section-1983
Latest Conference: 2023-02-17
Question Presented (from Petition)

I.
Is the test of objective reasonableness applicable to a claim of excessive force enunciated by this court in Kingsley v. Hendrickson, 576 U.S. 389 (2015) (decided under the Fourteenth Amendment) the same objective standard as the test of objective reasonableness enunciated by this court in Graham v. Connor, 490 U.S. 386 (1989) (decided under the Fourth Amendment) as applied to the specific circumstances presented in the context of an individual being held in a detention facility?

II.
After this Court's decision in Kingsley v. Hendrickson, 576 U.S. 389 (2015), do the protections afforded by the Fourth Amendment against use of objectively unreasonable force end and those afforded by the Fourteenth Amendment begin no later than the point at which custody has been relinquished by an arresting officer to a detention facility?

Question Presented (AI Summary)

Whether the test of objective reasonableness for excessive force claims under the Fourteenth Amendment is the same as the test under the Fourth Amendment in the context of an individual being held in a detention facility

Docket Entries

2023-02-21
Petition DENIED.
2023-01-18
DISTRIBUTED for Conference of 2/17/2023.
2023-01-12
2023-01-03
2022-11-30

Attorneys

Hyrum Geddes
Gregory William StevensThe Law Office of Gregory W. Stevens, Petitioner
Weber County, et al.
Frank D. MylarMylar Law, P.C., Respondent