𝐓𝐡𝐞 𝐂𝐡𝐚𝐬𝐞 𝐓𝐡𝐚𝐭 𝐂𝐡𝐚𝐧𝐠𝐞𝐝 𝐏𝐮𝐫𝐬𝐮𝐢𝐭 𝐋𝐚𝐰: 𝐖𝐡𝐞𝐧 𝐈𝐧𝐧𝐨𝐜𝐞𝐧𝐭 𝐁𝐲𝐬𝐭𝐚𝐧𝐝𝐞𝐫𝐬 𝐁𝐞𝐜𝐨𝐦𝐞 𝐏𝐥𝐚𝐢𝐧𝐭𝐢𝐟𝐟𝐬

𝐓𝐡𝐞 𝐂𝐡𝐚𝐬𝐞 𝐓𝐡𝐚𝐭 𝐂𝐡𝐚𝐧𝐠𝐞𝐝 𝐏𝐮𝐫𝐬𝐮𝐢𝐭 𝐋𝐚𝐰: 𝐖𝐡𝐞𝐧 𝐈𝐧𝐧𝐨𝐜𝐞𝐧𝐭 𝐁𝐲𝐬𝐭𝐚𝐧𝐝𝐞𝐫𝐬 𝐁𝐞𝐜𝐨𝐦𝐞 𝐏𝐥𝐚𝐢𝐧𝐭𝐢𝐟𝐟𝐬

A tragic crash near a taco truck just expanded constitutional liability for law enforcement pursuits—and every officer needs to understand the implications. 🚔⚖️

In Est. of Soakai v. Abdelaziz, the Ninth Circuit delivered a ruling that fundamentally changes how courts view officer duties during high-speed chases.

𝐓𝐡𝐞 𝐓𝐫𝐚𝐠𝐢𝐜 𝐅𝐚𝐜𝐭𝐬: Officers pursued a suspect from an illegal car rally. Critical details that proved legally fatal:

* No emergency lights or sirens activated

* No radio notification to dispatch

* One innocent bystander killed, others severely injured

* Officers witnessed the crash but failed to stop, render aid, or summon emergency services

𝐓𝐡𝐞 𝐋𝐞𝐠𝐚𝐥 𝐐𝐮𝐞𝐬𝐭𝐢𝐨𝐧: Can injured bystanders sue officers under the Fourteenth Amendment when they weren't the intended subjects of allegedly improper police conduct?

𝐓𝐡𝐞 𝐍𝐢𝐧𝐭𝐡 𝐂𝐢𝐫𝐜𝐮𝐢𝐭'𝐬 𝐑𝐞𝐣𝐞𝐜𝐭𝐢𝐨𝐧: The court established two critical principles:

1. Expanded "Purpose to Harm" Liability: Officers owe constitutional duties to ALL those in the vicinity during pursuits. Bystanders can bring Fourteenth Amendment claims even when not specifically targeted.

2. "State-Created Danger" Doctrine: When officers affirmatively place people in danger and then act with deliberate indifference to known consequences, they face additional constitutional liability.

𝐓𝐡𝐞 𝐂𝐨𝐮𝐫𝐭'𝐬 𝐑𝐞𝐚𝐬𝐨𝐧𝐢𝐧𝐠: "Although the purpose of a high-speed police chase might be to catch the fleeing motorist, officers owe a duty to all those in the vicinity, including bystanders."

𝐂𝐫𝐢𝐭𝐢𝐜𝐚𝐥 𝐈𝐦𝐩𝐥𝐢𝐜𝐚𝐭𝐢𝐨𝐧𝐬:

* Pursuit policies must be followed religiously (lights, sirens, radio notification)

* Document decision-making throughout the entire pursuit

* Immediately assess for bystander injuries if accidents occur

* Render aid and summon emergency services without delay

High-speed pursuits will always carry inherent risks, but this ruling emphasizes that how officers conduct themselves before, during, and after those pursuits can determine whether tragedy becomes constitutional liability.

Stay aware of your surroundings. Follow established protocols. When accidents happen, respond as the protector you swore to be.

Questions? Email m.busailah@police-defense.com or call 626-683-5600.