Mrs. Torres filed a civil rights claim in federal court, claiming that the police officers had used excessive force and had violated her Fourth Amendment protection against unlawful seizures. The district court ruled—and the 10th Circuit Court of Appeals affirmed—that the Fourth Amendment’s protection against unlawful seizure was not applicable because, as Torres was ultimately able to escape and wasn’t apprehended by law enforcement until later, she wasn’t technically “seized.” This ruling might seem sound at first glance, but it contradicts existing Supreme Court jurisprudence on the matter.

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