Civil Rights Case Dismissed Against Officer Who Killed Motorist While Chasing Gas Thief

Green v. Post, 2009 WL 2422762 (8/7/09) (Published) - The 10th explores the parameters of substantive due process, which requires shocking of the conscience to allow relief, and accidents caused by pursuing officers.

In this case, the officer, while trying to catch up to someone who had stolen $ 30 worth of gas, sped 20 mph above the speed limit through an intersection, without having engaged his emergency equipment, when the light was yellow, and ran into someone turning left at that intersection, killing the driver. The 10th engaged in much discussion about the factors involved, including what crime the suspect had allegedly committed and whether the officer had time to deliberate. The 10th found this case to be in the middle range between cases where no deliberation is possible and therefore intent to harm must be shown for relief and a case where deliberation is possible and deliberate indifference is sufficient for liability. The plaintiffs had to show conscious, deliberate indifference to an extreme risk of very serious harm to the plaintiff; "extreme" meaning so outrageous as to shock the conscience. The facts did not meet that standard. And, in any event, it was not clearly established the officer violated due process because some case law indicated only acting with an intent to harm would amount to a constitutional violation.