In what circumstances will a court refuse to award damages for injuries sustained by a suspect fleeing from police custody?

Our concern is not novel. For example, in Ne Casek v. City of Los Angeles (1965) 233 Cal.App.2d 131, 43 Cal.Rptr. 294, appellant brought an action for damages for injuries inflicted by two suspects fleeing from the custody of police officers attempting to arrest them. The court refused to hold the officers liable, reasoning that to do so would be tantamount to inviting increased use of force against arrestees in the future in order to forestall the possibility of just such claims. "A rule of law which may encourage police brutality is not desirable." (Id., at p. 137, 43 Cal.Rptr. at 299.)