Cite as: 523 U. S. 833 (1998)
Syllabus
authority to control traffic, and nothing (beyond a refusal to call off the chase) to encourage him to race through traffic at breakneck speed. Willard's outrageous behavior was practically instantaneous, and so was Smith's instinctive response. While prudence would have repressed the reaction, Smith's instinct was to do his job, not to induce Willard's lawlessness, or to terrorize, cause harm, or kill. Prudence, that is, was subject to countervailing enforcement considerations, and while Smith exaggerated their demands, there is no reason to believe that they were tainted by an improper or malicious motive. Pp. 845-855.
98 F. 3d 434, reversed.
Souter, J., delivered the opinion of the Court, in which Rehnquist, C. J., and O'Connor, Kennedy, Ginsburg, and Breyer, JJ., joined. Rehnquist, C. J., filed a concurring opinion, post, p. 855. Kennedy, J., filed a concurring opinion, in which O'Connor, J., joined, post, p. 856. Breyer, J., filed a concurring opinion, post, p. 858. Stevens, J., filed an opinion concurring in the judgment, post, p. 859. Scalia, J., filed an opinion concurring in the judgment, in which Thomas, J., joined, post, p. 860.
Terence J. Cassidy argued the cause and filed briefs for petitioners.
Paul J. Hedlund argued the cause for respondents. With him on the brief was Michael L. Baum.*
*Briefs of amici curiae urging reversal were filed for the State of Alaska et al. by Daniel E. Lungren, Attorney General of California, Margaret A. Rodda, Senior Assistant Attorney General, Darryl L. Doke, Supervising Deputy Attorney General, and Stephen J. Egan, Deputy Attorney General, joined by the Attorneys General for their respective States as follows: Bruce M. Botelho of Alaska, Grant Woods of Arizona, Margery S. Bronster of Hawaii, Alan G. Lance of Idaho, Thomas J. Miller of Iowa, Michael E. Carpenter of Maine, Scott Harshbarger of Massachusetts, Frank J. Kelley of Michigan, Hubert H. Humphrey III of Minnesota, Jeremiah W. (Jay) Nixon of Missouri, Joseph P. Mazurek of Montana, Don Stenberg of Nebraska, Frankie Sue Del Papa of Nevada, Dennis C. Vacco of New York, Heidi Heitkamp of North Dakota, D. Michael Fisher of Pennsylvania, Mark W. Barnett of South Dakota, Jan Graham of Utah, Richard Cullen of Virginia, Darrell V. McGraw, Jr., of West Virginia, James E. Doyle of Wisconsin, and William U. Hill of Wyoming; for the City and County of Denver by Theodore S. Halaby; for the County of Riverside et al. by William C. Katzenstein, James K. Hahn, Gregory
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