Is there any case law in which a defendant has been found to have a mental state that may have exacerbated their risk of harm?
MultiRegion, United States of America
The following excerpt is from L.W. v. Grubbs, 92 F.3d 894 (9th Cir. 1996):
Love v. King, 784 F.2d 708, 713 (5th Cir.1986) (citations omitted). That statement and statements like it generally seem to assume that some exacerbated mental element will always be found. Perhaps so, but I rather expect that the relationship between mental states, possible harm, foreseeable risk, and actual harm is what has led to the somewhat inconsistent locutions that we find in some of our prior cases.
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