United States Ninth Circuit

In the case of a roadside killing of a man by an Alaska State Trooper, denial of summary judgment for the state trooper on grounds of qualified immunity is reversed and remanded for reconsideration where to "shock the conscience" by actions stripping an officer of qualified immunity, the officer must act with a purpose to harm unrelated to law enforcement, rather than act with only deliberate indifference.

Appellate Information

• Argued 08/06/2008
• Decided 10/20/2008
• Published 10/20/2008

Judges

• FISHER, Circuit Judge:, Before:  D.W. NELSON, A. WALLACE TASHIMA and RAYMOND C. FISHER, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Ruth Botstein, Assistant Attorney General, Anchorage, AK, for the defendant-appellant., Mark D. Osterman, Mark D. Osterman Law Office, Kenai, AK, for the plaintiffs-appellees.