· 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 CourtListenerSourced 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.