Appellate rulings -- what attorneys have to deal with
Over at the Volokh Conspiracy, there is a discussion of a case just argued in the Supreme Court. It's a 1983 (deprivation of civil rights) suit arising out of a policecar ramming, or nudging, a fleeing car in a chase, and the argument that was unreasonable force (driver crashed and was killed). Forunately for the officer, his squadcar had a camera running, and the Justices were making remarks like who do we believe, the lower court's findings or our own eyes? The Circuit court's rendition of facts makes it sound like a relatively mild chase ... why, the driver slowed down to make turns, no one was in danger. But viewing the tape brings home that, well, he sorta had to slow for turns, since he was doing 90-100 mph thru an urban area, and the fact that no one had been endangered (yet) was purest luck.