United States Sixth Circuit

In a civil rights action raising claims based on a high-speed police pursuit and a subsequent motor vehicle collision which resulted in the death and/or injury of plaintiff's husband and son, denial of qualified immunity to defendant-officer and denial of summary judgment for the city are reversed as: 1) despite the consequences of defendant-officer's violation of the city's police vehicle operation and pursuit policy, the facts in the case failed to make out a substantive due process violation as no evidence established the required intent to harm, nor was the shocks-the-conscience test satisfied; and 2) consequently, there was no basis to hold defendant-city liable.

Appellate Information

• Decided 07/11/2007
• Published 07/11/2007

Judges

• Before:  KENNEDY and DAUGHTREY, Circuit Judges;  ADAMS, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Jean E. Markowitz, Law Offices of Thomas E. Hansom, Memphis, Tennessee, Robert D. Meyers, Kiesewetter, Wise, Kaplan, Prather PLC, Memphis, Tennessee, for Appellants.  Jason G. Whitworth, Law Office of J. Houston Gordon, Covington, Tennessee, for Appellee.   ON BRIEF:  Jean E. Markowitz, Thomas Edward Hansom, Law Offices of Thomas E. Hansom, Memphis, Tennessee, Robert D. Meyers, Amber Isom-Thompson, Kiesewetter, Wise, Kaplan, Prather PLC, Memphis, Tennessee, for Appellants.  Jason G. Whitworth, Law Office of J. Houston Gordon, Covington, Tennessee, for Appellee.