DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
092090P.pdf 06/04/2010 Brant Sitzes v. City of West Memphis Arkansas
U.S. Court of Appeals Case No: 09-2090
U.S. District Court for the Eastern District of Arkansas - Jonesboro
[PUBLISHED] [Shepherd, Author, with Gruender, Circuit Judge, and
Lange, District Judge]
Civil case - civil rights. District court did not err in concluding that the
behavior of the police officer driving the vehicle which struck plaintiff's
decedent's vehicle was not so egregious, outrageous or
conscience-shocking that it could serve as the basis for liability on
plaintiffs' substantive due process claims; district court did nor err in
applying an intent-to-harm standard; the district court did nor err in
rejecting plaintiffs' arguments that the officer was not responding
to an emergency at the time of the accident; failure to train and failure to
supervise claims against the City can not be sustained in the absence of a
constitutional violation by the officer. Judge Lange, dissenting.