context: But the sheriffs alleged conduct cannot be characterized as an unreasonable risk incident to one's service as an employee in a sheriffs department. Instead, the facts demonstrate that the sheriff deliberately abused his power by threatening deadly force as a means of oppressing those employed in his department, thus elevating his conduct to the arbitrary and conscience shocMng behavior prohibited by substantive due process.
citation_a.signal: see also
citation_a.identifier: 791 F.2d 99, 99, 100-101
citation_a.parenthetical: finding that a prisoner had stated a substantive due process claim when he alleged that a prison guard drew and pointed a loaded pistol at him and ordered him to run so that the guard would be justified in shooting him
citation_a.sentence: See Robinson v. Solano County, 278 F.3d 1007, 1014 (9th Cir.2002) (discussing in dictum that an officer’s conduct in pointing a loaded weapon at a civilian without a legitimate law enforcement basis shocks the conscience); see also Burton, 791 F.2d at 99, 100-101 (finding that a prisoner had stated a substantive due process claim when he alleged that a prison guard drew and pointed a loaded pistol at him and ordered him to run so that the guard would be justified in shooting him).
citation_b.signal: see
citation_b.identifier: 278 F.3d 1007, 1014
citation_b.parenthetical: discussing in dictum that an officer's conduct in pointing a loaded weapon at a civilian without a legitimate law enforcement basis shocks the conscience
citation_b.sentence: See Robinson v. Solano County, 278 F.3d 1007, 1014 (9th Cir.2002) (discussing in dictum that an officer’s conduct in pointing a loaded weapon at a civilian without a legitimate law enforcement basis shocks the conscience); see also Burton, 791 F.2d at 99, 100-101 (finding that a prisoner had stated a substantive due process claim when he alleged that a prison guard drew and pointed a loaded pistol at him and ordered him to run so that the guard would be justified in shooting him).