290
Souter, J., concurring in judgment
under the general rule of 42 U. S. C. § 1983 liability for a seizure unlawful under Fourth Amendment standards, see Tennessee v. Garner, 471 U. S. 1 (1985) (affirming § 1983 liability based on Fourth Amendment violation); Brower v. County of Inyo, 489 U. S. 593, 599 (1989) (unreasonable seizure in violation of the Fourth Amendment gives rise to § 1983 liability). On the contrary, the Courts of Appeals have held that injuries like those petitioner alleges are cognizable in § 1983 claims founded upon arrests that are bad under the Fourth Amendment. See, e. g., Hale v. Fish, 899 F. 2d 390, 403-404 (CA5 1990) (affirming award of damages for mental anguish, harm to reputation, and legal fees for defense); B. C. R. Transport Co., Inc. v. Fontaine, 727 F. 2d 7, 12 (CA1 1984) (affirming award of damages for destruction of business due to publicity surrounding illegal search); Sims v. Mulcahy, 902 F. 2d 524, 532-533 (CA7 1990) (approving damages for pain, suffering, and mental anguish in the context of a challenge to jury instructions); Sevigny v. Dicksey, 846 F. 2d 953, 959 (CA4 1988) (affirming damages for extreme emotional distress); Dennis v. Warren, 779 F. 2d 245, 248-249 (CA5 1985) (affirming award of damages for pain, suffering, humiliation, and embarrassment); Konczak v. Tyrrell, 603 F. 2d 13, 17 (CA7 1979) (affirming damages for lost wages, mental distress, humiliation, loss of reputation, and general pain and suffering).
Indeed, it is not surprising that rules of recovery for such harms have naturally coalesced under the Fourth Amendment, since the injuries usually occur only after an arrest or other Fourth Amendment seizure, an event that normally follows promptly (three days in this case) upon the formality of filing an indictment, information, or complaint. There is no restraint on movement until a seizure occurs or bond terms are imposed. Damage to reputation and all of its attendant harms also tend to show up after arrest. The defendant's mental anguish (whether premised on reputational harm, burden of defending, incarceration, or some other con-
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