Fleeing armed robber crashed into plaintiff’s tailor shop following police chase and
police fired bullets which hit shop and traumatized shop owner; substantive due process
excessive force claim dismissed because officers did not have opportunity to deliberate,
and no officer intended to harm shop owner.
During welfare check, deputy made explicit sexual remarks and demands, commanded plaintiff to expose her breasts, vagina, and clitoris and then masturbated to ejaculation in front of her; remarkably, the court finds that the plaintiff was not “seized” and thus had no claim under the Fourth Amendment; the court does find that plaintiff’s right to bodily integrity was violated in violation of substantive due process and finds, contrary to the district court (Judge Michael Joseph Truncale’s conscience was not shocked), that the defendant’s conduct shocked the conscience even though