In the pursuit liability standard established by County of Sacramento v. Lewis, which description best defines when police liability can occur?

• A. Negligence in pursuing leads to liability
• B. Strict liability applies to all pursuits
• C. Conduct that shocks the conscience leads to liability
• D. Probable cause is required for liability

Answer: (C)

The standard tests for police pursuit liability under due process by focusing on how extreme the officers’ behavior was during the chase. Liability attaches only when the officers’ conduct is so egregious that it shocks the conscience. That means it’s not enough to show negligence or even reckless driving in a pursuit; there must be a level of wrongdoing that demonstrates a conscious disregard for life or an otherwise conscience-shocking act. This sets a high bar, clarifying that not all bad outcomes in a pursuit give rise to liability. It’s not about proving probable cause or applying strict liability to every pursuit; it’s about whether the officers’ actions were so affronting to principles of due process that they shock the conscience.