United States Tenth Circuit

In a 42 U.S.C. section 1983 action alleging excessive force by Defendant officers, summary judgment for Defendants based on qualified immunity is affirmed in part, where there was no genuine issue of material fact as to whether a policy of the city was the moving force behind any violation; but reversed in part where, when an officer employs such a level of force that death is nearly certain, he must do so based on more than the general dangers posed by reckless driving.

Appellate Information

• Decided 06/17/2009
• Published 06/17/2009

Judges

• McCONNELL, Circuit Judge., Before O'BRIEN, ANDERSON and McCONNELL Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Brice A. Tondre, Lakewood, CO, for Plaintiffs-Appellants.


• For Appellees:
  
• Thomas S. Rice (Elliot J. Scott with him on the brief), Senter Goldfarb & Rice, L.L.C., Denver, CO, for Defendants-Appellees.