{"id":1370,"date":"2008-02-26T05:41:24","date_gmt":"2007-09-20T08:19:59","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2007-09-20T08:19:59","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=1370","title":{"rendered":"Stone v. Powell<\/em> bars relief against probation arrest warrant"},"content":{"rendered":"

Habeas petitioner actually got a certificate of appealability to challenge denial of relief against a probation arrest warrant under Stone v. Powell<\/em><\/a>. The Tenth Circuit held that Stone<\/em> covers all Fourth Amendment claims, including probation arrest warrants, and petitioner got to litigate that issue in the state courts. Cappelli v. Zavaras<\/a>, 249 Fed. Appx. 52 (10th Cir. 2007).<\/p>\n

Grabbing plaintiff and then letting her go was a seizure but it was not excessive force. Massey v. Hess, 2007 U.S. Dist. LEXIS 68786 (E.D. Tenn. September 17, 2007):<\/p>\n

There is a “built-in measure of deference to the officer’s on-the-spot judgment about the level of force necessary in light of the circumstances of the particular case.” Graham<\/em><\/a>, 490 U.S. at 396; accord Saucier v. Katz<\/em><\/a>, 533 U.S. 194, 205, 121 S. Ct. 2151, 150 L. Ed. 2d 272 (2001); Burchett<\/em>, 310 F.3d at 944. “Not every push or shove, even if it may later seem unnecessary in the peace of a judge’s chambers,” violates the Fourth Amendment. Graham<\/em>, 490 U.S. at 396. The reasonableness inquiry allows for the fact that police officers must often make split-second judgments about the necessary amount of force. Id.<\/em><\/p>\n

In the first seizure, Defendant Oelschlegel grabbed Plaintiff and then released her. It was an extremely minor use of force and there was no injury suffered. The Sixth Circuit does not require that excessive force claims allege excessive marks or extensive physical damage. Ingram v. City of Columbus<\/em>, 185 F.3d 579, 597 (6th Cir. 1999) (upholding excess force claim where plaintiff was struck and thrown against a couch); …. But neither of those cases support a claim of excessive force in this case, where Defendant Oelschlegel merely grabbed Plaintiff’s sweater, which is almost no force at all. Although injury is not required to support an excessive force claim, there must be sufficient force. De minimus force is insufficient. Nolin v. Isbell<\/em>, 207 F.3d 1253, 1257 (11th Cir. 2000); …. The extremely minor force here does not qualify as excessive force.<\/p><\/blockquote>\n

Defendant officer’s writing a parking ticket was not a seizure. Tomaino v. Williams, 2007 U.S. Dist. LEXIS 68962 (E.D. N.Y. September 14, 2007).*<\/p>\n","protected":false},"excerpt":{"rendered":"

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