HEWITT, PERSONAL REPRESENTATIVE OF THE ESTATE OF HEWITT, ET AL.

v.

CITY OF TRUTH OR CONSEQUENCES ET AL.

Citator

Cited By

• Dixon v. Deputy Sheriff Donald Richer, 922 F.2d 1456 (10th Cir. 1991)
  …witt v. City of Truth or Consequences, 758 F. 2d 1375, 1378 (10th Cir.) (when the plaintiff did not articulate a specific constitutional provision violated by excessive use of force, the court applied substantive due process analysis), cert. denied, 474 U.S. 844, 106 S.Ct. 131, 88 L.Ed.2d 108 (1985). We did not, however, “exclude[] other grounds for relief.” Trujillo v. Goodman, 825 F. 2d at 1457 (applying due process analysis since it was the only claim the plaintiff pressed on appeal); McKay v. Hammock,…
• Hannula v. City OF Lakewood, 907 F.2d 129 (10th Cir. 1990)
  …ally examined claims of excessive use of force under a substantive due process standard. See e.g., Trujillo v. Goodman, 825 F. 2d 1453, 1457 (10th Cir.1987); Hewitt v. City of Truth or Consequences, 758 F. 2d 1375, 1378-79 (10th Cir.), cert. denied, 474 U.S. 844, 106 S.Ct. 131, 88 L.Ed.2d 108 (1985); Wise v. Bravo, 666 F. 2d 1328, 1333-34 (10th Cir.1981). Hannula must therefore show that Lively’s actions clearly constituted an excessive use of force under our former substantive due process standard. Unde…
• Austin v. Hamilton, 945 F.2d 1155 (10th Cir. 1991)
  …ve due process principles that in the past generally governed claims for post-arrest, pretrial violence or abuse, see Trujillo, 825 F. 2d at 1458; see, e.g., Hewitt v. City of Truth or Consequences, 758 F. 2d 1375, 1378-79 (10th Cir.), cert. denied, 474 U.S. 844, 106 S.Ct. 131, 88 L.Ed.2d 108 (1985), provide the appropriate yardstick for the evaluation of defendants’ claim of qualified immunity for their post-arrest conduct. To summarize, then, the following standards apply to plaintiffs’ excessive force a…