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· 10/20/2008

Porter v. Osborn

Citations

  • 546 F.3d 1131
  • 2008 U.S. App. LEXIS 21878
  • 2008 WL 4614334

How courts have described this case

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

  • holding that the purpose-to-harm standard applied to the “approximately five-minute altercation[,]” which “was obviously fast paced” and “was also quickly evolving and escalating[.]”
  • explaining that an official’s deliberate 13 indifference is sufficient to shock the conscience and can support a Fourteenth 14 Amendment claim
  • explaining that officers chasing a suspect are generally “reacting to the urgent public safety threat of fleeing motorists in a situation where inaction could be the most dangerous option”
  • applying the second standard to a “five-minute altercation” between the suspect and the officer that was “quickly evolving and 28 NAPOUK V. LVMPD escalating, prompting repeated split-second decisions” (internal quotations omitted)
  • officer did not identify himself as law enforcement and did not warn suspect before firing
  • “[W]hen an officer encounters fast paced circumstances presenting competing public safety obligations, the purpose to harm standard must apply.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Nelson, Tashima, Fisher

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.