Conduct must be so egregious as to shock the conscience. Lewis calibrates culpability to circumstances, requiring intent to harm where deliberation was impractical and permitting deliberate indifference where it was possible.
Negligence never suffices.
Alternative Names:
Conscience-Shocking Conduct|Lewis Standard
Why it Matters?
Pursuit and emergency response cases require intent to harm rather than deliberate indifference, which is a standard almost never satisfied and effectively forecloses claims arising from high-speed chases absent evidence the officer intended injury unrelated to legitimate objectives. Establishing that the situation left no opportunity for actual deliberation is what invokes the higher standard, and dispatch recordings frequently supply that.
Frequently Confused with
Related terms
Frequently asked questions
What standard applies to pursuits?
What invokes the higher standard?
