United States Seventh Circuit

In a suit brought under 42 U.S.C. section 1983 against a police officer involved in a high speed chase that resulted in the death of a motorcycle driver and the extensive injury of his passenger, summary judgment for defendant is affirmed where: 1) there was no evidence that the officer forcibly stopped the vehicle; and 2) there was no evidence of either conscience-shocking behavior or an intent to cause harm unrelated to a legitimate government interest.

Appellate Information

• Argued 12/08/2006
• Decided 05/21/2007
• Published 05/21/2007

Judges

• KANNE, Circuit Judge., Before BAUER, FLAUM, and KANNE, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Thomas E. Hastings, Brown, Hastings, Baldwin & Clutter, Indianapolis, IN, P. Gregory Cross (argued), Muncie, IN, for Plaintiffs-Appellants.


• For Appellees:
  
• James S. Stephenson (argued), Stephenson, Morow & Semler, Indianapolis, IN, for Defendants-Appellees.