The following excerpt is from Suit v. City of Folsom, CIV. NO. 2:16-00807 WBS AC (E.D. Cal. 2016):
The standard used to assess whether conduct "shocks the conscience" depends on "whether the officers had the opportunity for actual deliberation." Porter v. Osborn, 546 F.3d 1131, 1138 (9th Cir. 2008). "Where actual deliberation is practical, then an officer's 'deliberate indifference' may suffice to shock the
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