Naturally, officers should obey departmental restrictions on when to initiate a pursuit, when to discontinue it, and how to conduct it. However, even though failure to follow a departmental policy may generate internal discipline, it is not in itself sufficient to impose civil liability. And whether or not an officer can be held liable in damages in a state tort suit will depend on the immunities created by state law, which may vary from state to state.
Federal civil liability, on the other hand, is subject to uniform constitutional principles that apply in all states. Attorneys for those injured or killed as a result of police vehicle pursuits have sought damages under two separate constitutional provisions. In a pair of decisions, the Supreme Court has set forth the standards for analyzing these claims.
Fourteenth Amendment: County of Sacramento v. Lewis
Sixteen-year-old Philip Lewis was a passenger on a motorcycle operated by 18-year-old Brian Willard when Sacramento County deputy sheriffs attempted to make a traffic stop. Willard tried to evade, speeding up to 100 mph. When he lost control and the bike went down, the pursuing patrol car struck and killed Lewis.
Lewis's parents brought a federal suit, alleging a violation of their son's Fourteenth Amendment due process right to life. The district court granted the deputies immunity from suit, but the Ninth Circuit reversed and ordered the deputies to stand trial, ruling that deliberate indifference was enough to impose liability.