United States Seventh Circuit

In a Fourth Amendment excessive force action, district court's grant of defendant's motion for summary judgment is affirmed where there was no Fourth Amendment violation as it was objectively reasonable for officers to determine that defendant posed a threat to the safety of officers and of innocent bystanders and thus reasonable for the officers to discharge their firearms in plaintiff's direction to stop him.

Appellate Information

• Argued 02/19/2009
• Decided 03/23/2009
• Published 03/23/2009

Judges

• FLAUM, Circuit Judge., Before FLAUM and WILLIAMS, Circuit Judges, and KAPALA, District Judge.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• William K. Burnham, Robert G. Sheffer (argued), Ronald G. Sheffer, Sheffer Law Firm, Louisville, KY, for Plaintiff-Appellant.


• For Appellees:
  
• Matthew L. Hinkle, Attorney (argued), Coots, Henke & Wheeler, Carmel, IN, R. Jeffrey Lowe, Attorney (argued), Kightlinger & Gray, New Albany, IN, Jeffrey L. Freeman, Jefferson County Attorney, Louisville, KY, D. Timothy Born, Attorney (argued), Terrell Baugh Salmon & Born LLP, Evansville, IN, Frances Barrow, Attorney, Office of the Attorney General, Indianapolis, IN, for Defendants-Appellees.