county
sacramento
et
al
lewis
argued
december
decided
may
held
police
officer
violate
substantive
due
process
causing
death
deliberate
reckless
indifference
life
highspeed
automobile
chase
aimed
apprehending
suspected
offender
pp
rule
graham
connor
bar
respondents
suit
graham
simply
requires
constitutional
claim
covered
specific
constitu
tional
provision
claim
must
analyzed
standard
appropriate
specific
provision
substantive
due
process
lanier
substantive
due
process
analysis
therefore
inappropriate
amici
argue
respondents
claim
covered
fourth
amendment
amendment
covers
searches
seizures
neither
took
place
one
suggests
search
cases
foreclose
finding
seizure
since
smith
terminate
lewis
freedom
movement
means
intentionally
applied
brower
county
inyo
pp
respondents
allegations
insufficient
state
substantive
due
process
violation
protection
governmental
arbitrariness
core
due
process
hurtado
california
including
substantive
due
process
see
daniels
williams
egregious
executive
action
said
arbitrary
constitutional
sense
collins
harker
heights
cognizable
level
executive
abuse
power
shocks
conscience
rochin
california
concept
points
clearly
away
liability
clearly
toward
ends
tort
law
culpability
spectrum
liability
negligently
inflicted
harm
categorically
beneath
constitutional
due
process
threshold
see
daniels
williams
conduct
deliberately
intended
injure
way
unjustifiable
government
interest
sort
official
action
likely
rise
level
see
whether
level
reached
culpability
falls
negligence
intentional
conduct
matter
closer
calls
recognized
deliberate
indifference
egregious
enough
state
substantive
due
process
claim
one
context
deliberate
indifference
medical
needs
pretrial
detainees
see
city
revere
massachusetts
hospital
cf
estelle
gamble
rules
due
process
subject
mechanical
application
unfamiliar
territory
need
preserve
constitutional
proportions
substantive
due
process
demands
exact
analysis
context
circumstances
deliberate
indifference
condemned
cf
betts
brady
attention
markedly
different
circumstances
normal
pretrial
custody
law
enforcement
chases
shows
deliberate
indifference
shocks
one
context
less
egregious
circumstances
chase
aimed
apprehending
suspected
offender
unforeseen
circumstances
demand
instant
judgment
part
officer
feels
pulls
competing
obligations
purpose
cause
harm
unrelated
legitimate
object
arrest
satisfy
test
chases
intent
harm
suspects
physically
worsen
legal
plight
give
rise
substantive
due
process
liability
cf
whitley
albers
fault
claimed
smith
part
fails
meet
test
smith
faced
course
lawless
behavior
police
blame
done
nothing
cause
willard
driving
first
place
nothing
excuse
flouting
commonly
understood
police
authority
control
traffic
nothing
beyond
refusal
call
chase
encourage
race
traffic
breakneck
speed
willard
outrageous
behavior
practically
instantaneous
smith
instinctive
response
prudence
repressed
reaction
smith
instinct
job
induce
willard
lawlessness
terrorize
cause
harm
kill
prudence
subject
countervailing
enforcement
considerations
smith
exaggerated
demands
reason
believe
tainted
improper
malicious
motive
pp
reversed
souter
delivered
opinion
rehnquist
kennedy
ginsburg
breyer
joined
rehnquist
filed
concurring
opinion
kennedy
filed
concurring
opinion
joined
breyer
filed
concurring
opinion
stevens
filed
opinion
concurring
judgment
scalia
filed
opinion
concurring
judgment
thomas
joined
notice
opinion
subject
formal
revision
publication
preliminary
print
reports
readers
requested
notify
reporter
decisions
washington
typographical
formal
errors
order
corrections
may
made
preliminary
print
goes
press
county
sacramento
et
al
petitioners
teri
lewis
andthomas
lewis
personal
representative
estate
philip
lewis
deceased
writ
certiorari
appeals
ninth
circuit
may
justice
souter
delivered
opinion
issue
case
whether
police
officer
violates
fourteenth
amendment
guarantee
substantive
due
process
causing
death
deliberate
reckless
indifference
life
automobile
chase
aimed
apprehending
suspected
offender
answer
hold
circumstances
purpose
cause
harm
unrelated
legitimate
object
arrest
satisfy
element
arbitrary
conduct
shocking
conscience
necessary
due
process
violation
may
approximately
petitioner
james
everett
smith
sacramento
county
sheriff
deputy
along
another
officer
murray
stapp
responded
call
break
fight
upon
returning
patrol
car
stapp
saw
motorcycle
approaching
high
speed
operated
brian
willard
carried
philip
lewis
respondents
decedent
pas
senger
neither
boy
anything
fight
prompted
call
police
stapp
turned
overhead
rotating
lights
yelled
boys
stop
pulled
patrol
car
closer
smith
attempting
pen
motorcycle
instead
pulling
response
stapp
warning
lights
commands
willard
slowly
maneuvered
cycle
two
police
cars
sped
smith
immediately
switched
emergency
lights
siren
made
quick
turn
began
pursuit
high
speed
seconds
course
miles
residential
neighborhood
motorcycle
wove
oncoming
traffic
forcing
two
cars
bicycle
swerve
road
motorcycle
patrol
car
reached
speeds
miles
hour
smith
following
distance
short
feet
speed
car
required
feet
stop
chase
ended
motorcycle
tipped
willard
tried
sharp
left
turn
time
smith
slammed
brakes
willard
way
lewis
patrol
car
skidded
miles
hour
propelling
feet
road
inflicting
massive
injuries
lewis
pronounced
dead
scene
respondents
philip
lewis
parents
representatives
estate
brought
action
rev
stat
petitioners
sacramento
county
sacramento
county
sheriff
department
deputy
smith
alleging
deprivation
philip
lewis
fourteenth
amendment
substantive
due
process
right
life
district
granted
summary
judgment
smith
reasoning
even
violated
constitution
entitled
qualified
immunity
respondents
point
state
federal
opinion
published
may
alleged
misconduct
took
place
supports
view
decedent
fourteenth
amendment
substantive
due
process
right
context
high
speed
police
pursuits
app
pet
cert
appeals
ninth
circuit
reversed
holding
appropriate
degree
fault
applied
police
pursuits
deliberate
indifference
reckless
disregard
person
right
life
personal
security
concluding
law
regarding
police
liability
death
injury
caused
officer
course
chase
clearly
established
time
philip
lewis
death
id
since
smith
apparently
disregarded
sacramento
county
sheriff
department
general
order
police
pursuits
ninth
circuit
found
genuine
issue
material
fact
might
resolved
finding
smith
conduct
amounted
deliberate
indifference
general
order
requires
officer
communicate
intention
pursue
vehicle
sheriff
department
dispatch
center
defendants
concede
smith
contact
dispatch
center
general
order
requires
officer
consider
whether
seriousness
offense
warrants
chase
speeds
excess
posted
limit
apparent
boys
refusal
stop
another
officer
told
general
order
requires
officer
consider
whether
need
apprehension
justifies
pursuit
existing
conditions
yet
smith
apparently
apprehend
boys
refused
stop
general
order
requires
officer
consider
whether
pursuit
presents
unreasonable
hazards
life
property
taking
facts
light
favorable
plaintiffs
existed
unreasonable
hazard
lewis
willard
lives
general
order
also
directs
officer
discontinue
pursuit
hazards
continuing
outweigh
benefits
immediate
apprehension
apparent
danger
involved
permitting
boys
escape
certainly
risk
harm
others
continuing
pursuit
accordingly
appeals
reversed
summary
judgment
favor
smith
remanded
trial
granted
certiorari
resolve
conflict
among
circuits
standard
culpability
part
law
enforcement
officer
violating
substantive
due
process
pursuit
case
compare
deliberate
indifference
reckless
disregard
evans
avery
shocks
conscience
cert
denied
williams
denver
fagan
vineland
en
banc
temkin
frederick
county
commissioners
cert
denied
checki
webb
reverse
ii
prior
cases
held
provision
state
shall
deprive
person
life
liberty
property
without
due
process
law
amdt
guarante
fair
process
washington
glucksberg
slip
cover
substantive
sphere
well
barring
certain
government
actions
regardless
fairness
procedures
used
implement
daniels
williams
see
also
zinermon
burch
noting
substantive
due
process
violations
actionable
allegation
lewis
deprived
right
life
violation
substantive
due
process
amounts
claim
circumstances
described
earlier
smith
actions
causing
lewis
death
abuse
executive
power
clearly
unjustified
legitimate
objective
law
enforcement
barred
fourteenth
amendment
cf
collins
harker
heights
noting
due
process
clause
intended
prevent
government
officials
abusing
power
employing
instrument
oppression
quoting
deshaney
winnebago
county
dept
social
quoting
davidson
cannon
leaving
aside
question
qualified
immunity
formed
basis
district
dismissal
case
respondents
face
two
principal
objections
claim
first
subject
necessarily
governed
definite
provision
constitution
exclusion
possible
application
substantive
due
process
second
event
allegations
insufficient
state
substantive
due
process
violation
executive
abuse
power
respondents
meet
first
objection
second
always
reluctant
expand
concept
substantive
due
process
collins
harker
heights
supra
held
graham
connor
particular
amendment
provides
explicit
textual
source
constitutional
protection
particular
sort
government
behavior
amendment
generalized
notion
substantive
due
process
must
guide
analyzing
claims
albright
oliver
plurality
opinion
rehnquist
quoting
graham
connor
internal
quotation
marks
omitted
given
rule
graham
presented
oral
argument
threshold
issue
raised
several
amicus
briefs
whether
facts
involving
police
chase
aimed
apprehending
suspects
ever
support
due
process
claim
argument
runs
chasing
motorcycle
smith
attempting
make
seizure
within
meaning
fourth
amendment
perhaps
even
succeeded
lewis
stopped
fatal
collision
hence
liability
must
turn
application
reasonableness
standard
governing
searches
seizures
due
process
standard
liability
constitutionally
arbitrary
executive
action
see
graham
connor
supra
claims
law
enforcement
officers
used
excessive
course
arrest
investigatory
stop
free
citizen
analyzed
fourth
amendment
standard
rather
due
process
approach
albright
oliver
ginsburg
concurring
id
souter
concurring
judgment
one
appeals
indeed
applied
rule
graham
preclude
application
principles
generalized
substantive
due
process
motor
vehicle
passenger
claims
injury
resulting
reckless
police
pursuit
see
mays
east
louis
argument
unsound
last
term
explained
graham
hold
constitutional
claims
relating
physically
abusive
government
conduct
must
arise
either
fourth
eighth
amendments
tional
claim
covered
specific
constitutional
vision
fourth
eighth
amendment
claim
must
analyzed
standard
ate
specific
provision
rubric
substantive
due
process
lanier
slip
substantive
due
process
analysis
therefore
inappropriate
case
respondents
claim
covered
fourth
amendment
fourth
amendment
covers
searches
seizures
amdt
neither
took
place
one
suggests
search
cases
foreclose
finding
seizure
held
california
hodari
police
pursuit
attempting
seize
person
amount
seizure
within
meaning
fourth
amendment
brower
county
inyo
explained
fourth
amendment
seizure
occur
whenever
governmentally
caused
termination
individual
freedom
movement
innocent
passerby
even
whenever
governmentally
caused
governmentally
desired
termination
individual
freedom
movement
fleeing
felon
governmental
termination
freedom
movement
means
intentionally
applied
illustrated
point
saying
fourth
amendment
seizure
take
place
pursuing
police
car
sought
stop
suspect
show
authority
represented
flashing
lights
continuing
pursuit
accidentally
stopped
suspect
crashing
id
exactly
case
see
campbell
white
following
brower
finding
seizure
police
officer
accidentally
struck
killed
fleeing
motorcyclist
pursuit
cert
denied
graham
rule
therefore
bar
respondents
suit
see
frye
akron
supp
nd
ind
parents
motorcyclist
struck
killed
police
car
pursuit
sue
substantive
due
process
fourth
amendment
seizure
took
place
evans
avery
noting
outside
context
seizure
person
injured
result
police
misconduct
may
prosecute
substantive
due
process
claim
section
pleasant
zamieski
noting
graham
preserve
fourteenth
amendment
substantive
due
process
analysis
instances
free
citizen
denied
constitutional
right
life
means
law
enforcement
official
arrest
investigatory
stop
seizure
cert
denied
since
time
early
explanations
due
process
understood
core
concept
protection
arbitrary
action
principal
true
meaning
phrase
never
tersely
accurately
stated
justice
johnson
bank
columbia
okely
charta
incorporated
constitution
land
volumes
spoken
written
view
exposition
good
sense
mankind
last
settled
intended
cure
individual
arbitrary
exercise
powers
government
unrestrained
lished
principles
private
right
distributive
tice
hurtado
california
emphasized
time
touchstone
due
process
protection
individual
arbitrary
action
government
wolff
mcdonnell
whether
fault
lies
denial
fundamental
procedural
fairness
see
fuentes
shevin
procedural
due
process
guarantee
protects
arbitrary
takings
exercise
power
without
reasonable
justification
service
legitimate
governmental
objective
see
daniels
williams
substantive
due
process
guarantee
protects
government
power
arbitrarily
oppressively
exercised
due
process
protection
substantive
sense
limits
government
may
legislative
see
griswold
connecticut
executive
capacities
see
rochin
california
criteria
identify
fatally
arbitrary
differ
depending
whether
legislation
specific
act
governmental
officer
issue
cases
dealing
abusive
executive
action
repeatedly
emphasized
egregious
official
conduct
said
arbitrary
constitutional
sense
collins
harker
heights
thereby
recognizing
point
made
different
circumstances
chief
justice
marshall
constitution
expounding
daniels
williams
supra
quoting
mcculloch
maryland
wheat
emphasis
original
thus
collins
harker
heights
example
said
due
process
clause
intended
prevent
government
officials
abusing
power
employing
instrument
oppression
quoting
deshaney
winnebago
county
dept
social
quoting
davidson
cannon
end
half
century
spoken
cognizable
level
executive
abuse
power
shocks
conscience
first
put
test
way
rochin
california
supra
found
forced
pumping
suspect
stomach
enough
offend
due
process
conduct
shocks
conscience
violates
decencies
civilized
conduct
intervening
years
repeatedly
adhered
rochin
benchmark
see
breithaupt
abram
reiterating
conduct
conscience
comport
traditional
ideas
fair
play
decency
violate
substantive
due
process
whitley
albers
salerno
due
process
prevents
government
engaging
conduct
conscience
interferes
rights
concept
ordered
liberty
quoting
rochin
california
supra
palko
connecticut
recently
collins
harker
heights
supra
said
substantive
component
due
process
clause
violated
executive
action
properly
characterized
arbitrary
conscience
shocking
constitutional
sense
measure
calibrated
yard
stick
judge
friendly
put
poin
way
johnson
glick
cert
denied
surprising
constitutional
concept
duplicates
traditional
category
fault
rather
points
clearly
away
liability
clearly
toward
ends
tort
law
spectrum
culpability
thus
made
clear
due
process
guarantee
entail
body
constitutional
law
imposing
liability
whenever
someone
cloaked
state
authority
causes
harm
paul
davis
example
explained
fourteenth
amendment
font
tort
law
superimposed
upon
whatever
systems
may
already
administered
daniels
williams
reaffirmed
point
ur
constitution
deals
large
concerns
governors
governed
purport
supplant
traditional
tort
law
laying
rules
conduct
regulate
liability
injuries
attend
living
together
society
accordingly
rejected
lowest
common
denominator
customary
tort
liability
mark
sufficiently
shocking
conduct
held
constitution
guarantee
due
care
part
state
officials
liability
negligently
inflicted
harm
categorically
beneath
threshold
constitutional
due
process
see
daniels
williams
supra
see
also
davidson
cannon
clarifying
daniels
applies
substantive
well
procedural
due
process
contrary
behavior
end
culpability
spectrum
probably
support
substantive
due
process
claim
conduct
intended
injure
way
unjustifiable
government
interest
sort
official
action
likely
rise
level
see
daniels
williams
historically
guarantee
due
process
applied
deliberate
decisions
government
officials
deprive
person
life
liberty
property
emphasis
original
whether
point
reached
injuries
produced
culpability
falling
within
middle
range
following
something
negligence
less
intentional
conduct
recklessness
negligence
id
matter
closer
calls
sure
expressly
recognized
possibility
official
acts
range
may
actionable
fourteenth
amendment
ibid
cases
compelled
recognition
conduct
egregious
enough
state
substantive
due
process
claim
least
one
instance
held
city
revere
massachusetts
hospital
due
process
rights
pretrial
detainee
least
great
eighth
amendment
protections
available
convicted
prisoner
citing
bell
wolfish
since
may
suffice
eighth
amendment
liability
prison
officials
deliberately
indifferent
medical
needs
prisoners
see
estelle
gamble
follows
deliberately
indifferent
conduct
must
also
enough
satisfy
fault
requirement
due
process
claims
based
medical
needs
someone
jailed
awaiting
trial
see
barrie
grand
county
utah
weyant
okst
rules
due
process
however
subject
mechanical
application
unfamiliar
territory
deliberate
indifference
shocks
one
environment
may
patently
egregious
another
concern
preserving
constitutional
proportions
substantive
due
process
demands
exact
analysis
circumstances
abuse
power
condemned
said
due
process
procedural
sense
true
phrase
due
process
law
formulates
concept
less
rigid
fluid
envisaged
specific
particular
provisions
bill
rights
application
less
matter
rule
asserted
denial
tested
appraisal
totality
facts
given
case
may
one
setting
constitute
denial
fundamental
fairness
shocking
universal
sense
justice
may
circumstances
light
considerations
fall
short
denial
thus
attention
markedly
different
circumstances
normal
pretrial
custody
law
enforcement
chases
shows
deliberate
indifference
shocks
one
case
less
egregious
even
assuming
makes
sense
speak
indifference
deliberate
case
sudden
pursuit
term
deliberate
indifference
implies
standard
sensibly
employed
actual
deliberation
practical
see
whitley
albers
custodial
situation
prison
forethought
inmate
welfare
feasible
obligatory
regime
incapacitates
prisoner
exercise
ordinary
responsibility
welfare
hen
state
takes
person
custody
holds
constitution
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sacramento
et
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petitioners
teri
lewis
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lewis
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estate
philip
lewis
deceased
writ
certiorari
appeals
ninth
circuit
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chief
justice
rehnquist
concurring
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lewis
deceased
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certiorari
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circuit
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et
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petitioners
teri
lewis
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lewis
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philip
lewis
deceased
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certiorari
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ninth
circuit
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