Does the use of force against Sanders constitute a Fourth Amendment violation?

MultiRegion, United States of America

The following excerpt is from Nicholson v. City of L. A., 935 F.3d 685 (9th Cir. 2019):

identify whether the use of force against Sanders amounted to a Fourth Amendment violation, they do not clearly establish that a shooting in these circumstances constitutes deliberate indifference to Plaintiffs. Sanders is not a plaintiff in this lawsuit, and Plaintiffs would not have standing to raise a Fourth Amendment claim on his behalf. See Plumhoff , 572 U.S. at 778, 134 S.Ct. 2012 ("Our cases make it clear that Fourth Amendment rights are personal rights which ... may not be vicariously asserted. " (quoting Alderman v. United States , 394 U.S. 165, 174, 89 S.Ct. 961, 22 L.Ed.2d 176 (1969) ). The Fourth Amendment cases therefore do not clearly establish the contours of the Fourteenth Amendment substantive due process rights at hand.5

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