Braun v. Burke

Affirming summary judgment in favor of trooper who collided with and killed innocent motorists; trooper’s subjective belief that he was responding to emergency triggered the intent-to-harm standard; court applies standard to all high speed driving by police although officer was not responding to an emergency call or in actual pursuit of another vehicle; court declines to determine whether emergency existed based on objective review of facts; court declines to examine facts to determine whether officer had actual opportunity to deliberate before and during high speed driving.