196
Syllabus
him into a van—was not so excessive that Katz suffered hurt or injury. Pp. 207-209.
194 F. 3d 962, reversed and remanded.
Kennedy, J., delivered the opinion of the Court, in which Rehnquist, C. J., and O'Connor, Scalia, and Thomas, JJ., joined, and in which Souter, J., joined as to Parts I and II. Ginsburg, J., filed an opinion concurring in the judgment, in which Stevens and Breyer, JJ., joined, post, p. 209. Souter, J., filed an opinion concurring in part and dissenting in part, post, p. 217.
Deputy Solicitor General Clement argued the cause for petitioner. On the briefs were former Solicitor General Waxman, Acting Solicitor General Underwood, Assistant Attorney General Ogden, Jeffrey A. Lamken, Barbara L. Herwig, and Edward Himmelfarb.
J. Kirk Boyd argued the cause for respondents. With him on the brief was David H. Williams.*
*Briefs of amici curiae urging reversal were filed for the State of Texas et al. by John Cornyn, Attorney General of Texas, Andy Taylor, First Assistant Attorney General, Gregory S. Coleman, Solicitor General, and Lisa R. Eskow, Assistant Solicitor General, joined by the Attorneys General for their respective States as follows: Bill Pryor of Alabama, Bruce M. Botelho of Alaska, Mark Pryor of Arkansas, Bill Lockyer of California, Ken Salazar of Colorado, Richard Blumenthal of Connecticut, M. Jane Brady of Delaware, James E. Ryan of Illinois, Richard P. Ieyoub of Louisiana, J. Joseph Curran, Jr., of Maryland, Thomas F. Reilly of Massachusetts, Mike Moore of Mississippi, Joseph P. Mazurek of Montana, Don Stenberg of Nebraska, Eliot Spitzer of New York, Heidi Heitkamp of North Dakota, Betty D. Montgomery of Ohio, W. A. Drew Edmondson of Oklahoma, Hardy Myers of Oregon, D. Michael Fisher of Pennsylvania, Charles M. Condon of South Carolina, Mark Barnett of South Dakota, Paul G. Summers of Tennessee, Jan Graham of Utah, William H. Sorrell of Vermont, and Christine O. Gregoire of Washington; for the Grand Lodge of the Fraternal Order of Police by Tom Rutherford; and for the National Association of Police Organizations et al. by Stephen R. McSpadden.
Briefs of amici curiae urging affirmance were filed for the American Civil Liberties Union et al. by David Rudovsky, Michael Avery, Ruth E. Harlow, Steven R. Shapiro, and Alan L. Schlosser; and for the Association of the Bar of the City of New York by Leon Friedman and Ronald J. Tabak.
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