Abstract
By granting summary judgment to all defendants, the court in Singer v. Wadman has more clearly defined the hurdles a plaintiff must overcome to secure a trial in section 1983 actions. Those hurdles include the presentation of specific factual evidence to support a conspiratorial agreement, satisfying the Harlow v. Fitzgerald objective standard to avoid the immunity defense and articulating the specific constitutional rights alleged to have been violated. In rejecting Vickie Singer's claims for negligence, the Singer court has prevented or postponed the recognition of a cause of action based on the negligent planning of an arrest and has reaffirmed the law enforcement officer's discretionary ability to use deadly force in response to deadly threats. Lastly, the Singer opinion does not appear to represent a departure from precedent or an effort to reduce the amount of parental control over their children's education that was formerly recognized.
Recommended Citation
Zaccheo, Michael P.
(1984)
"Singer v. Wadman: Lawful Use of Force?,"
Utah Law Review: Vol. 1984:
No.
2, Article 5.
Available at:
https://dc.law.utah.edu/ulr/vol1984/iss2/5