4.12 Section 1983 Unlawful Seizure – Model The Fourth Amendment to the United States Constitution protects persons from being subjected to unreasonable seizures by the police. A law enforcement official may only seize a person (for example, by stopping or arresting the person) if there is appropriate justification to do so. In this case, [plaintiff] claims that [defendant] subjected [plaintiff] to an unreasonable [stop] [arrest], in violation of the Fourth Amendment. To establish this claim, [plaintiff] must prove each of the following three things by a preponderance of the evidence: First: [Defendant] intentionally [describe the acts plaintiff alleges led to or constituted the seizure]. Second: Those acts subjected [plaintiff] to a “seizure.” Third: The was unreasonable. “seizure” I will now give you more details on what constitutes a and on how to decide “seizure” whether a seizure is reasonable. [Add appropriate instructions concerning the relevant type[s] of seizure[s]. See infra Instructions 4.12.1 - 4.12.3.] Comment A Section 1983 claim for unlawful arrest or unlawful imprisonment must be based upon a claim of constitutional violation. 443 U.S. 137, 146 (1979) (requiring a See Baker v. McCollan, showing of a federal constitutional violation, on the ground that the state-law tort of “false imprisonment does not become a violation of the Fourteenth Amendment merely because the defendant is a state Ordinarily, the relevant constitutional provision will be the Fourth official”). Amendment. 219 F.3d 261, 269 (3d Cir. 2000) See, e.g., Berg v. County of Allegheny, (“[T]he constitutionality of arrests by state officials is governed by the Fourth Amendment rather than due process (noting possibility that some false arrest claims might be see also id. analysis.”); “the subject to a due process 47 F.3d 628, 636 (3d Cir. Groman v. Township of Manalapan, analysis”); 1995) the police lack probable cause to make an arrest, the arrestee has a claim under § (“[W]here 1983 for false imprisonment based on a detention pursuant to that arrest.”).
4.12 Section 1983 – Unlawful Seizure Model The Fourth Amendment to the United States Constitution protects persons from being subjected to unreasonable seizures by the police. A law enforcement official may only seize a person (for example, by stopping or arresting the person) if there is appropriate justification to do so. In this case, [plaintiff] claims that [defendant] subjected [plaintiff] to an unreasonable [stop] [arrest], in violation of the Fourth Amendment. To establish this claim, [plaintiff] must prove each of the following three things by a preponderance of the evidence: First: [Defendant] intentionally [describe the acts plaintiff alleges led to or constituted the seizure]. Second: Those acts subjected [plaintiff] to a “seizure.” Third: The “seizure” was unreasonable. I will now give you more details on what constitutes a “seizure” and on how to decide whether a seizure is reasonable. [Add appropriate instructions concerning the relevant type[s] of seizure[s]. See infra Instructions 4.12.1 - 4.12.3.] Comment A Section 1983 claim for unlawful arrest or unlawful imprisonment must be based upon a claim of constitutional violation. See Baker v. McCollan, 443 U.S. 137, 146 (1979) (requiring a showing of a federal constitutional violation, on the ground that the state-law tort of “false imprisonment does not become a violation of the Fourteenth Amendment merely because the defendant is a state official”). Ordinarily, the relevant constitutional provision will be the Fourth Amendment. See, e.g., Berg v. County of Allegheny, 219 F.3d 261, 269 (3d Cir. 2000) (“[T]he constitutionality of arrests by state officials is governed by the Fourth Amendment rather than due process analysis.”); see also id. (noting “the possibility that some false arrest claims might be subject to a due process analysis”); Groman v. Township of Manalapan, 47 F.3d 628, 636 (3d Cir. 1995) (“[W]here the police lack probable cause to make an arrest, the arrestee has a claim under § 1983 for false imprisonment based on a detention pursuant to that arrest.”).
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