Last month, the U.S. Supreme Court held that a person may be considered “seized” under the Fourth Amendment even if the individual escapes. This case may be of interest to pools covering law enforcement risks.
Writing for the majority in Torres v. Madrid, Chief Justice John Roberts said the “application of physical force to the body of a person with intent to restrain is a seizure, even if the force does not succeed in subduing the person.”
Because this ruling expands what constitutes a Fourth Amendment seizure, it may open up police departments to additional police liability exposures — especially when suspects are injured trying to flee a seizure attempt that is later held to be unreasonable.