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
Key Terms:
SocialSecurity DueProcess FourthAmendment CriminalProcedure Punishment
Latest Conference: 2023-02-17
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

Question Presented (OCR Extract)

QUESTIONS PRESENTED Mr. Geddes filed a civil action pursuant to 42 U.S.C. § 1983 against Respondent Weber County and against the individual jailers employed by Weber County. Mr. Geddes claimed that he suffered serious injuries as a result of “objectively unreasonable force” employed by the individual jailers after custody was relinquished to and he was being detained by the Weber County Jail. (App. 36-37, 69-85.) This case presents the following issues: 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? IL. 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 li QUESTIONS PRESENTED Continued 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?

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