The following excerpt is from Tatum v. Moody, 768 F.3d 806 (9th Cir. 2014):
Where actual deliberation is practical, then an officer's deliberate indifference may suffice to shock the conscience. On the other hand, where a law enforcement officer makes a snap judgment because of an escalating situation, his conduct may only be found to shock the conscience if he acts with a purpose to harm unrelated to legitimate law enforcement objectives.
Id. (quoting Wilkinson v. Torres, 610 F.3d 546, 554 (9th Cir.2010) ).
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