was struck head on by an arkansas trooper brian burr brian burke who was traveling ninety miles an hour in a forty five mile an hour zone just five seconds before that trooper burke was traveling one hundred and thirteen miles and forty five miles an hour as you know and just seconds before that he was traveling one hundred and seventeen miles an hour and a forty five mile an hour zone trooper burke you know the st question that comes with these types of tracks is what type of emergency would countenance such type of dangerous driving driving in violation of state law all driving and violation of the speed limits driving and disregard player he stopped and that was somebody at the post office all the way seventy not he was on that stop for about four minutes and during that time he walked around the car has looked into th trooper burke believed the car was driving at ninety to ninety five miles from hour but this was on verified by he radar or any other type of active active d but active officers attempt to stop the vehicle in this case trooper burke continued to traffic stop at the post office were additional minutes and twelve factors after he  situation throughout his deposition he understood and he testified that traffic of finance is at the lowest end of the spectrum it's not even a crime it's a violation this ca drive at what he's suspected of time and ninety five miles an hour which begs the question altogether what was he trying to do at that speed the vehicle would have been over two almost two miles  dangerous it can be when you drive that fast that may have been unwise to have two cars going that fast chasing each other obviously but why isn't the ninety mile an hour  danger to the public versus and the benefit of the turned up in this case his conduct was expressly in violation of all he he broke this whole time without lights and passing over sixty cars i mean this is the touchstone of arbitrary governmental activity what we have as an officer to enforce the law all violates the violating a traffic law trooper burke even acknowledged in his deposition testimony that had he caught up to a car he would have to catch it speeding again before he could even two before he could  support the district court ways correct in flying they intend to harm standard holding that no constitutional violation occur i mean we ask this court to affirm that this is now a district court was correct in applying the intent to harm standard because trooper burke was faced with what he believed was a highly dangerous situation that requires quick decisions and did not allow for actual deliberation goes for the very good the proper stated was tehran especially if there was a list of d the types of situations that just pursuits prison riots and emergency calls that the apparent harm to harm standard would apply where i think they're dangerous situations are analogous to emergencies and it's but it usually there is some sense of life maybe in danger and i think of that is definitely true in this did not this driver does not have the same level of trying this state trooper burke as where he is trying to drive at high speeds as safe as possible that speed trooper burke recognized that in a moment and he had to make a decision quickly about whether he was going to just call for help and hope that another officer able to relocate and stop this vehicle or whether he's going to try to catch up and it in this situation himself what he did if he did both he got his vehicle and he took off in pursuit he also called to the local sheriff's office there dispatch dollars so the car was driving thirty five to forty miles per hour over the speed limit that he believed that this high rate of speed was a dangerous and serious risk to the public and that he felt that he traveling nearly twice the speed limit and that he needed to stop it he also couldn't you know most reasonable people look at a vehicle traveling past as it lights the indicate that that person may have something wrong or even emergency themselves so there is this this impetus fear that he needs to and whatever the situation is even if it is to provide aid to the people in the s what about the fact though that he waited a minute to actually begin the pursuit and then also didn't use its own emergency lights does that indicate that it maybe wasn't an emergency well what we contained your honor it is that then he ended his his stuff as soon as he could it's sometimes in these situations oppa cers don't necessarily have a good sense of what time i able to safely maneuver around all of the vehicles that were in on the roadway until of course the very tragic accident the end but i would also