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United States Fourth Circuit


Abney v. Coe, 06-1607

In case where motorcyclist refused to stop for sheriff deputy's flashing blue lights and siren over the course of an eight mile pursuit, ending in a collision killing the motorist, denial of summary judgment for defendant deputy is reversed as, since the deputy's conduct was objectively reasonable under Scott v. Harris, and necessary to stop conduct that put the safety of other motorists at significant risk, plaintiff's Fourth Amendment rights were not violated.

Appellate Information

  • Decided 07/03/2007
  • Published 07/03/2007

Judges

  • Before WIDENER, WILKINSON, and KING, Circuit Judges.

Court

  • United States Fourth Circuit

Counsel

  • For Appellees:
  • ARGUED:  Rachel Ellen Daly, Womble, Carlyle, Sandridge & Rice, P.L.L.C., Winston-Salem, North Carolina, for Appellants.  Elliot S. Richardson, Richardson, Stasko, Boyd & Mack, L.L.C., Chicago, Illinois, for Appellee.   ON BRIEF:  Allan R. Gitter, Womble, Carlyle, Sandridge & Rice, P.L.L.C., Winston-Salem, North Carolina, for Appellants.  David S. Lipschultz, Richardson, Stasko, Boyd & Mack, L.L.C., Chicago, Illinois;  Brady A. Yntema, Pinto, Coates, Kyre & Brown, P.L.L.C., Greensboro, North Carolina, for Appellee.
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