Wendy Pauluk v. Glenn Savage

Today, the majority holds that the state-created danger doctrine — a theory of constitutional harm whose contours have been “clearly established” by at least nine published opinions of this court over the course of two decades — is no longer sufficiently “clear” in light of a single case which addresses an unrelated legal theory. I respectfully dissent.

I

In this circuit, the state-created danger doctrine begins with Wood v. Ostrander, 879 F.2d 583 (9th Cir.1989). In Wood, a police officer arrested an intoxicated driver, impounded the vehicle, and refused the passenger’s request for a ride,…