City was not liable under Monell for off-duty shooting by officer despite claims that city policies caused shooting; under DeShaney city had no duty to protect plaintiff from private violence.
District court erred in failing to appoint counsel for pro se plaintiff; with counsel it would be reasonably likely that medically ill plaintiff could hold prison doctor liable on claim that he left him in significant and prolonged pain to “teach him a lesson about the consequences of self-destructive behavior,” namely plaintiff’s head-banging in response to hearing voices.
Officer followed, then struggled with, then shot and killed emotionally disturbed man; district court dismissed § 1983 claim and negligence claim; plaintiff appealed only negligence claim and court reversed, noting that California negligence law on deadly force was broader than Fourth Amendment and that officer’s pre-shooting conduct could render his behavior unreasonable; jury could find: that officer had reason to be aware that decedent was mentally ill, that officer failed to follow police protocol dealing with mentally ill persons before using force, that officer failed to deescalate th
Community caretaker exception may have authorized officers responding to cab driver’s complaint that passenger skipped fare to enter curtilage of home, and even home itself given open garage door at 3 AM, but warrantless extensive search of house violated Fourth Amendment.