PORTER v. OSBORN

No. 07-35974.

546 F.3d 1131 (2008)

Arthur J. PORTER; Christie L. Porter, Plaintiffs-Appellees, v. Arthur J. OSBORN, Defendant-Appellant, and Joseph Whittom, Defendant.

United States Court of Appeals, Ninth Circuit.

Filed October 20, 2008.


Attorney(s) appearing for the Case

Ruth Botstein, Assistant Attorney General, Anchorage, AK, for the defendant-appellant.

Mark D. Osterman, Mark D. Osterman Law Office, Kenai, AK, for the plaintiffs-appellees.

Before: D.W. NELSON, A. WALLACE TASHIMA and RAYMOND C. FISHER, Circuit Judges.


FISHER, Circuit Judge:

This case raises the question of the appropriate standard of culpability to apply to a police officer who kills a suspect in the course of investigating a suspicious car parked alongside an Alaska highway, under circumstances that suggest the officer may have helped to create an emergency situation by his own excessive actions. It comes in the context of a lawsuit brought by the parents of the victim, claiming the officer violated their Fourteenth...

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