Cops Must Investigate Before Arresting Based on Toddler's Hearsay

Cortez v. McCauley et al., -- F.3d --, 2007 WL 503819 (10th Cir. 2/16/07) - en banc rehearing decision in § 1983 action by husband and wife against named officers and Bernalillo Co. The COA separately addresses the constitutional violations and excessive force claims of both plaintiffs. Officers had a duty to investigate before making a warrantless arrest based on double hearsay abuse allegations from a 2-year-old. Defendants are not entitled to qualified immunity re: wrongful seizure claim in the absence of arguable reasonable suspicion or exigent circumstances and they must establish justification for the use of force in an investigative detention. Where there was no constitutional violation, officers are entitled to qualified immunity on excessive force claim.