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· 2/26/2007

Koulta v. Merciez

Citations

  • 477 F.3d 442
  • 2007 U.S. App. LEXIS 4127

How courts have described this case

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

  • reversing denial of qualified immunity to officers who encountered a drunk driver and let her go before she later was involved in a fatal crash because the officer’s actions “did not ‘create’ or ‘increase’ the danger” of her drinking and driving
  • “And much as the officers were in a position to head off the tragedy that materialized minutes later . . . their conduct was [not] an affirmative risk-creating act.”
  • “Rather than focusing on the often metaphysical question of whether officer behavior amounts to affirmative conduct or not, we have focused on ‘whether [the victim] was safer before the state action than he was after it.’”

Source: CourtListener parenthetical corpus (CC0).

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.