What is the current state of the law in cases involving fast action by the police?

MultiRegion, United States of America

The following excerpt is from Alvarado v. Tackett, Case No.: 13-CV-1202 W (JMA) (S.D. Cal. 2018):

"The police on an occasion calling for fast action have obligations that tend to tug against each other . . . . [t]heir decisions have to be made 'in haste, under pressure and frequently without the luxury of a second chance.' " Lewis, 523 U.S. at 853 (quoting Whitley v. Albers, 475 U.S. 312, 320 (1986)). "[I]n 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."6 See id. at 836.

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