Altizer v. Smyth

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• defining substantive due process claims as those which “allege that certain governmental conduct would remain unjustified even if it were accompanied by the most stringent of procedural safeguards”
• finding a Fourth Amendment vio- lation where officers beat and shot a drunk suspect during a scuffle that ensued after the suspect resisted arrest and attempted to flee on foot
• no municipal liability where failure properly to train one police officer is not attributable to city policy or custom
• court must determine whether there was substantive due process violation by looking to four factors
• court must determine whether there was substantive due process violation by looking to four factors
• “[S]ubstantive due process is violated by state conduct that ‘shocks the conscience’ or constitutes force that is ‘brutal’ and such as ‘to offend even hardened sensibilities.’”

Source: CourtListener parenthetical corpus (CC0).