Topic: whether the circumstances are such that actual deliberation… · Go Syfert
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Topic #16511

7 canonical passages across 7 cases, quoted by 24 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from Porter v. Osborn.

#Case FlagCanonical passage Citers
1 Porter v. Osborn Anchor
ca9 · 2008
green “whether the circumstances are such that actual deliberation by the officer is practical.” 5
2 Wilkinson v. Torres
ca9 · 2010
green “within a matter of seconds, the situation evolved from a car chase to a situation involving an accelerating vehicle in dangerously close proximity to officers on foot” 4
3 Aaron Schwarder Donna Eubanks Kathleen Schwarder v. United States
ca9 · 1992
green “the cause of action granted by section 377 to the heirs and personal representatives of a decedent is not derivative in character or a continuation or revival of a cause of action existing in the decedent before his death, but is an original and distinct cause of action granted …” 3
4 Kenneth J. Haugen v. Rochelle Brosseau Puyallup Police Department the City of Puyallup
ca9 · 2003
green “the mere fact that a suspect possesses a weapon does not justify deadly force.” 3
5 Davis v. City of Las Vegas
ca9 · 2007
green “careful attention to the facts and circumstances of each particular case, including the severity of the crime at issue, whether the suspect poses an immediate threat to the safety of the officers or others, and whether he is actively resisting arrest or attempting to evade arres…” 3
6 Jackson v. Ryder Truck Rental, Inc.
calctapp · 1993
green “while breach of duty and proximate cause normally present factual questions, the existence of a legal duty in a given factual situation is a question of law for the courts to determine.” 3
7 People v. Joseph F.
calctapp · 2001
green “because federal civil rights claims of excessive use of force are the federal counterpart to state battery and wrongful death claims, federal cases are instructive in this area.” 3

A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.

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