Legal Opinion · Dissent

James Terrell v. Brek Larson

Court of Appeals for the Eighth Circuit

Decided June 10, 2004No. 03-1293Published

1DissentLoken, Chief Judge

In County of Sacramento v. Lewis, 523 U.S. 833, 836, 118 S.Ct. 1708, 140 L.Ed.2d 1043 (1998), the Supreme Court held that, *428“in a high-speed automobile chase aimed at apprehending a suspected offender .... only a purpose to cause harm unrelated to the legitimate object of arrest will satisfy the element of arbitrary conduct shocking to the conscience, necessary for a [substantive] due process violation.” We subsequently held “that the intent-to-harm standard of Lewis applies to all § 1983 substantive due process claims based upon the conduct of public officials engaged in a high-speed…

2Cases cited13 opinions

  1. Farmer v. BrennanSupreme Court of the United States · 1994
  2. County of Sacramento v. LewisSupreme Court of the United States · 1998
  3. Collins v. City of Harker HeightsSupreme Court of the United States · 1992
  4. City of Monterey v. Del Monte Dunes at Monterey, Ltd.Supreme Court of the United States · 1999
  5. Elwood v. County of RiceSupreme Court of Minnesota · 1988

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