James A. Byrne U.S. Courthouse. Credit: Diego M. Radzinschi/ALM Phila. Officers and City Cannot Escape Lawsuit Over Police Chase Death, Federal Judge Rules
Reid acknowledged in his opinion that "I am well aware that no §1983 police pursuit case in this circuit has been decided under a standard less than intent to harm."
September 13, 2024 at 05:49 PM
3 minute read
What You Need to Know
- A federal judge denied in part the city of Philadelphia's motion for summary judgment in a lawsuit over the death of a woman struck in a police chase.
- The judge applied a 'conscious disregard' standard to the plaintiffs claims that the officers had violated the decedent's due process rights.
- The standard is lower than what has historically been applied in police chase cases in the Third Circuit.
A recent federal court ruling could make it harder for law enforcement officers to fend off lawsuits from individuals injured in police pursuits.
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