Sauers v. Borough of Nesquehonig

Allegation: Nesquehoning, Penn. officer loses control during 100-mph chase (over minor traffic violation), crosses center line and crashes into man’s vehicle, seriously injuring him and killing his wife. (The officer pleads guilty to vehicular homicide.) Can the man sue the officer? District court: Yes. Third Circuit: Vacated. The officer’s conduct shocks the conscience but does not violate clearly established law. From here on out, though, no qualified immunity for this. Partial dissent: Every reasonable officer knows this is outrageous, unconstitutional conduct.

Tags: 2018, Police, Qualified Immunity, Third Circuit

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