In what circumstances will a police officer be found guilty of purpose-to-harm for failing to correct the wrong person?

California, United States of America


The following excerpt is from Golin v. San Andreas Reg'l Ctr., A145752 (Cal. App. 2019):

In fast-paced circumstances, such as a police officer's response to an urgent threat to public safety, the purpose-to-harm standard applies. (Porter v. Osborn (9th Cir. 2008) 546 F.3d 1131, 1139.) "At the other end of the spectrum are situations . . . where 'extended opportunities to do better are teamed with protracted failure even to care.' [Citation.] Then, 'indifference is truly shocking.' [Citation.] Similarly, we have held that where officers have ample time to correct their obviously mistaken detention of the wrong individual, but nonetheless fail to do so, the suspect's family members need only plead deliberate indifference to state a claim under the due process right to familial association." (Ibid.)

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