CA5: When an excessive force claim is properly analyzed under the 4A , the 14A is inapplicable

“[W]hen a claim is properly analyzed under the Fourth Amendment, the Fourteenth is inapplicable. Graham v. Connor, 490 U.S. 386, 395 (1989) (holding that ‘all claims that law enforcement officers have used excessive force-deadly or not-in the course of an arrest, investigatory stop, or other “seizure” of a free citizen should be analyzed under the Fourth Amendment and its “reasonableness” standard, rather than under a ‘substantive due process’ approach’).” State law claims are forfeited for failing to “cite a single case, statute, or treatise for this proposition.” Malbrough v. Stelly, 2020 U.S. App. LEXIS 15555 (5th Cir. May 14, 2020).*

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