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Tenth Circuit Decisions

By Shari Allison

Jenkins v. Currier, 2008 WL 186866 (1/23/08) (Published) - State officers did not violate the plaintiff's Fourth Amendment or due process rights when they arrested the plaintiff and took him to the penitentiary without a warrant or a hearing. The plaintiff had been mistakenly released after serving time in federal custody, instead of being transferred to state custody to finish serving a state sentence. The plaintiff's situation was like that of an escaped prisoner, even though he did nothing wrong.Clark v. Edmunds, 2008 WL 185615 (1/23/08) (Published) - An officer did not violate the plaintiff's substantive due process rights when he knocked over the plaintiff, while taking the plaintiff's arrested daughter to a police vehicle. This split-second decision to clear the officer's path did not shock the conscience, whether or not the plaintiff intended to interfere with her daughter's seizure...continue to full post

Full post as published by Tenth Circuit Blog on January 28, 2008 (boomark / email).