Deadly force may not be used unless it is necessary to prevent escape, and the officer has probable cause to believe that the suspect poses a significant threat of death or serious injury to the officer or others
SCOTUS held §1983 to provide a remedy for violations of federal constitutional rights even if the conduct complained of also violated state law and created a state cause of action as well. There is no requirement that you exhaust your state remedy before you bring your federal claim
The court held here that negligent conduct by state officials without a corresponding deliberate decision making does not deprive a person of life, liberty, or property under the 14th amendment due process clause.
Case setting a standard for Deliberate indifference to mean that the defendant subjectively appreciated the risk of harm to the plaintiff and deliberately disregarded it; It is more than negligence, but less than intentionally causing harm.
In this case, the court applied the Farmer standard in a situation involving the plaintiff being attacked by prison gang members. The court held that under the eighth amendment, a duty of prison officials is to protect prisoners from violence at the hands of other prisoners.
The Daniels Court distinguished this type of due process by describing it, by barring certain government actions regardless of the fairness of the procedures used to impose them. [due process] serves to prevent governmental power from being used for purposes of oppression.
A case applying the Lewis standard regarding a plaintiff's deprivation of liberty interests in his bodily integrity when he was rendered a quadriplegic by treatment of paramedics.
This case was evaluated using the four elements outlined by the Mark court for applying the state created danger theory and the court held that a police officer could be found liable for creating a danger that a drunken woman would not arrive home safely where the officer stopped a drunken couple on the street in the winter and allowed her husband to leave.
The Daniels Court distinguished this type of due process by describing it "by requiring the government to follow appropriate procedures when its agents decide to deprive any person of life, liberty, or property the Due Process Clause promotes fairness in such decisions".
The court here decided that a professor's due process rights were not violated because the state law did not create any entitlement to re-employment, and because their was not entitled expectation there was no genuine no property interest deprived of, holding that
He must have more than an expectation, must have a legitimate claim of entitlement upon which someone relies on in their daily lives.
Case holding that the State owes no duty to protect a person from harm inflicted by private actors, other than for two exceptions: state created danger or special relationship.
The court in this case decided during the midst of the circuit split decided that post arrest, pre-detainees' claims should be analyzed under the fourth amendment. This court called the time between arrest and sentencing a twilight zone.