Also known as: imminent danger
Written by attorneys · grounded in primary & secondary sources — see below
A situation of immediate and urgent danger that leaves no time for deliberation or alternative courses of action. The condition requires prompt response because the threat is on the verge of materializing and virtually certain to occur if nothing is done.
State officials in a coastal jurisdiction learn that an armed foreign vessel is hours from landing troops on an unguarded beach. With no time to seek congressional approval, the governor orders state militia to intercept the landing and repel the incursion before it reaches populated areas.
A delivery driver for Imperial Motors is pinned beneath a fallen crate in a warehouse loading bay. The site manager sees the crate shifting and the driver unable to move, then immediately calls for heavy equipment and medical help rather than waiting for the scheduled safety officer to arrive.
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Ike Ingram awakens to an armed stranger climbing through his bedroom window at night. Believing the intruder intends to inflict life-threatening injury, Ike fires a single shot that stops the advance but does not pursue the intruder once he retreats.
A public-school student whose religious convictions prohibit saluting the flag faces suspension under a compulsory flag-salute policy. The student stands silently during the exercise while classmates participate, prompting school officials to enforce the rule.
A passenger on a New York subway is approached by four youths who surround him and demand money. After one youth displays a weapon-like object and moves closer, the passenger draws a handgun and fires, wounding all four before they can strike.
Federal regulators issue an order prohibiting interstate shipment of petroleum produced in excess of state quotas. Oil producers challenge the order as lacking statutory authorization, arguing that the underlying statute delegates excessive discretion to the agency.
Imminent peril requires that the danger be on the verge of occurring and virtually certain to happen, not merely possible or likely at some future time. Courts and restatements emphasize that the threat must leave no reasonable opportunity for deliberation or legal alternatives.
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The Constitution permits a state to engage in war without congressional consent only when actually invaded or when facing imminent danger that will not admit of delay. The peril must be so pressing that waiting for federal approval would defeat the purpose of defense.
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When an employee acting within the scope of employment faces imminent danger of serious harm known to the employer or a manager, the employer must exercise reasonable care to avert the harm. Failure to act exposes the employer to liability for resulting injuries.
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Serious bodily harm differs in kind from ordinary injury and includes harms creating a substantial risk of death, constituting mayhem, or causing permanent loss of function of an important organ or member. The actor's intended or reasonably anticipated force is measured against this standard.
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…case of how much pressure on the suspect was permissible.[^maj-4] Among the criteria often taken into account were threats or imminent danger, e. g. , Payne v. Arkansas , 356 U. S. 560, physical deprivations such as lack of sleep or food, e. g. , Reck v. Pate , 367 U. S. 433, repeated or extended interrogation, e. g. ,…