Ellis Ex Rel. Estate of Ellis v. Ogden City

HOLLOWAY, Circuit Judge.

This tragic case addresses the level of intent necessary to prove a 42 U.S.C. § 1983 claim against officers for their conduct in a high-speed chase resulting in a bystander’s death. The teaching of County of Sacramento v. Lewis, 523 U.S. 833, 836, 118 S.Ct. 1708, 140 L.Ed.2d 1043 (1998), is that in such circumstances “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 due process violation.” See also id. at 858, 118 S.Ct. 1708 (Kennedy, J., concurring)…