In the 1997 case County of Sacramento v. Lewis, the U.S. Supreme Court ruled that high-speed police chases do not violate the Fourteenth Amendment's Due Process Clause unless they "shock the conscience." The case arose after a California deputy sheriff engaged in a high-speed chase with two teenagers on a motorcycle, which resulted in one teenager (Philip Lewis) dying from injuries sustained when their vehicle crashed. Philip’s parents sued for violation of his substantive due process rights to life and liberty under the Fourteenth Amendment. However, by a 6-3 decision, Justice Souter writing for majority held that law enforcement officers can only be liable for death or injury caused during such pursuits if their behavior “shocks the conscience,” setting an extremely high bar for plaintiffs to clear in order to win such cases.

In the dissenting opinion for County of Sacramento v. Lewis, Justice Stevens argued that the majority's decision to not hold law enforcement accountable for reckless behavior during high-speed chases was a mistake. He contended that such actions could be viewed as an infringement on citizens' constitutional rights and should therefore be subject to scrutiny under the Fourteenth Amendment’s Due Process Clause. He disagreed with the majority's view that only conduct which "shocks the conscience" can be considered a violation of due process, arguing instead that any action by government officials which demonstrates deliberate indifference towards human life or safety should qualify as unconstitutional. Justice Stevens expressed concern over granting police officers too much discretion in these situations without providing clear guidelines about what constitutes acceptable behavior during high-speed pursuits.