Brief filed: 02/07/2024
Documents
Chiaverini v. City of Napoleon, Ohio
United States Supreme Court; Case No. 557447
Argument(s)
When determining the elements for a Fourth Amendment claim under Section 1983, there are two steps. First, a court must “look to the elements of the most analogous tort as of 1871 when § 1983 was enacted.” Thompson v. Clark, 596 U.S. 36, 43 (2022). Second, courts apply that common-law rule so long as doing so is consistent with the “values and purposes” of the Fourth Amendment. This brief addresses the second step. The “any-crime” rule endorsed by the Sixth Circuit is an artificial, categorical rule of immunity that conflicts with several aspects of the Fourth Amendment. The common-law “charge-specific” rule is the more accurate embodiment of Fourth Amendment principles and should control under Section 1983.
Author(s)
Jeffrey T. Green, Co-Chair, NACDL Amicus Committee, Washington, DC; Zachary D. Tripp, Joshua M. Wesneski, and Sebastian Laguna, Weil, Gotshal & Manges LLP, Washington, DC
