Petersen v. Douglas County Bank & Trust Co.

How courts have described this case

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

• holding that an increased risk of harm depends on whether the individual defendant changed the status quo
• holding law not clearly established that recklessness can give rise to a Sec. 1983 claim because: (1) Supreme Court had expressly declined to rule on the issue; (2) Tenth Circuit had not clarified its position on the issue; and (3
• characterizing Temkin as holding that \reckless conduct in police chase cases must 'shock the conscience' to be actionable\
• explaining that “[p]ractically every court that has considered the issue has concluded that reckless intent may violate section 1983” and that the Tenth Circuit has “similarly concluded that recklessness states a claim under section 1983”
• characterizing Temkin as holding that “reckless conduct in police chase cases must ‘shock the conscience’ to be actionable”
• addressing a substantive due-process claim and stating that \allegations of constitutional violations that require courts to balance competing interests may make it more difficult to find the law 'clearly established' when assessing claims of qualified immunity\

Source: CourtListener parenthetical corpus (CC0).