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7th Circuit rules on police chase violations

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Police chases do not violate the Fourth and 14th Amendments when the officers involved do not intentionally and forcibly halt the fleeing subject, according to a ruling today by the 7th Circuit Court of Appeals.

The case came out of the U.S. District Court for the Northern District of Indiana, Fort Wayne Division. It follows an April decision by the Supreme Court of the United States that gave police officers significant protection from lawsuits by suspects who lead them on car chases.

This 7th Circuit decision affirms the District Court's summary judgment in favor of the defendants in the combined appeal of Floyd Steen, personal representative of the estate of Brandon S. Hilbert v. Robert Myers, Brad Ridenour, and City of Portland, Indiana and Richard Philebaum and Teresa Philebaum, as legal guardians of Robyn A. Philebaum, and Robyn A. Philebaum, individually, v. City of Portland, Indiana, Portland Police Department, Robert Myers, and Brad Ridenour.  The court remanded the state law claims back to state court.

The plaintiffs in the combined appeal represent the interests of Brandon Hilbert and Robyn Philebaum. Hilbert was killed and Philebaum was severely injured after a high-speed police chase in which Myers pursued Hilbert's motorcycle.

Myers and Hilbert had a previous encounter in which Myers and another officer mistook Hilbert for an assault subject and held him at gunpoint until determining he was not the wanted suspect. Hilbert's relatives argue he was left in fear of Myers because of this and may explain why he fled.

Myers spotted Hilbert and Philebaum sitting on a parked motorcycle and suspected Hilbert was driving on a suspended license and had no motorcycle license. Once Myers received confirmation that Hilbert's license was indeed suspended and he did not have a motorcycle endorsement, he drove towards the motorcycle, and Hilbert and Philebaum fled. Myers pursued the motorcycle for several minutes at a high speed until the motorcycle went off the road at a sharp turn. Hilbert died and Philebaum was left seriously injured.

The plaintiffs brought suit in the state courts of Indiana, combining both the federal and state law claims. They appealed the District Court's ruling that summary judgment was appropriate with respect to Myers. The court cites County of Sacramento v. Lewis, 523 U.S. 833 (1998) as largely controlling. The Fourth Amendment seizure does not occur during a police chase unless an officer intentionally and forcibly halts the fleeing subject. The court cites Brower v. County of Inyo. The District Court ruled the argument Myers struck the motorcycle was "unsupported speculation" and the 7th Circuit agreed.

The appellants argue the history of antagonism between Myers and Hilbert should be considered; however, the court finds it would only allow an inference about whether a collision would have been intentional - and no evidence exists proving a collision.

Under the 14th Amendment, the District Court found Myers conduct did not rise to the level of shocking the conscience, which was established by the Lewis case.

"The question for us, therefore, is whether there is sufficient evidence of some intent to harm that goes beyond the traffic stop, the decision to pursue, and the decision to not terminate the pursuit at some point before the crash," Judge Kanne wrote. "We find no evidence of that intent."

Judge Kanne states the Supreme Court has set the bar very high in pursuing 14th Amendment claims that arise out of a police chase, and even if the court questions Myers was negligent, reckless, or deliberately indifferent, under standards set by Lewis, those questions are to be determined for state courts and the law of tort.

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  1. I have been on this program while on parole from 2011-2013. No person should be forced mentally to share private details of their personal life with total strangers. Also giving permission for a mental therapist to report to your parole agent that your not participating in group therapy because you don't have the financial mean to be in the group therapy. I was personally singled out and sent back three times for not having money and also sent back within the six month when you aren't to be sent according to state law. I will work to het this INSOMM's removed from this state. I also had twelve or thirteen parole agents with a fifteen month period. Thanks for your time.

  2. Our nation produces very few jurists of the caliber of Justice DOUGLAS and his peers these days. Here is that great civil libertarian, who recognized government as both a blessing and, when corrupted by ideological interests, a curse: "Once the investigator has only the conscience of government as a guide, the conscience can become ‘ravenous,’ as Cromwell, bent on destroying Thomas More, said in Bolt, A Man For All Seasons (1960), p. 120. The First Amendment mirrors many episodes where men, harried and harassed by government, sought refuge in their conscience, as these lines of Thomas More show: ‘MORE: And when we stand before God, and you are sent to Paradise for doing according to your conscience, *575 and I am damned for not doing according to mine, will you come with me, for fellowship? ‘CRANMER: So those of us whose names are there are damned, Sir Thomas? ‘MORE: I don't know, Your Grace. I have no window to look into another man's conscience. I condemn no one. ‘CRANMER: Then the matter is capable of question? ‘MORE: Certainly. ‘CRANMER: But that you owe obedience to your King is not capable of question. So weigh a doubt against a certainty—and sign. ‘MORE: Some men think the Earth is round, others think it flat; it is a matter capable of question. But if it is flat, will the King's command make it round? And if it is round, will the King's command flatten it? No, I will not sign.’ Id., pp. 132—133. DOUGLAS THEN WROTE: Where government is the Big Brother,11 privacy gives way to surveillance. **909 But our commitment is otherwise. *576 By the First Amendment we have staked our security on freedom to promote a multiplicity of ideas, to associate at will with kindred spirits, and to defy governmental intrusion into these precincts" Gibson v. Florida Legislative Investigation Comm., 372 U.S. 539, 574-76, 83 S. Ct. 889, 908-09, 9 L. Ed. 2d 929 (1963) Mr. Justice DOUGLAS, concurring. I write: Happy Memorial Day to all -- God please bless our fallen who lived and died to preserve constitutional governance in our wonderful series of Republics. And God open the eyes of those government officials who denounce the constitutions of these Republics by arbitrary actions arising out capricious motives.

  3. From back in the day before secularism got a stranglehold on Hoosier jurists comes this great excerpt via Indiana federal court judge Allan Sharp, dedicated to those many Indiana government attorneys (with whom I have dealt) who count the law as a mere tool, an optional tool that is not to be used when political correctness compels a more acceptable result than merely following the path that the law directs: ALLEN SHARP, District Judge. I. In a scene following a visit by Henry VIII to the home of Sir Thomas More, playwriter Robert Bolt puts the following words into the mouths of his characters: Margaret: Father, that man's bad. MORE: There is no law against that. ROPER: There is! God's law! MORE: Then God can arrest him. ROPER: Sophistication upon sophistication! MORE: No, sheer simplicity. The law, Roper, the law. I know what's legal not what's right. And I'll stick to what's legal. ROPER: Then you set man's law above God's! MORE: No, far below; but let me draw your attention to a fact I'm not God. The currents and eddies of right and wrong, which you find such plain sailing, I can't navigate. I'm no voyager. But in the thickets of law, oh, there I'm a forester. I doubt if there's a man alive who could follow me there, thank God... ALICE: (Exasperated, pointing after Rich) While you talk, he's gone! MORE: And go he should, if he was the Devil himself, until he broke the law! ROPER: So now you'd give the Devil benefit of law! MORE: Yes. What would you do? Cut a great road through the law to get after the Devil? ROPER: I'd cut down every law in England to do that! MORE: (Roused and excited) Oh? (Advances on Roper) And when the last law was down, and the Devil turned round on you where would you hide, Roper, the laws being flat? (He leaves *1257 him) This country's planted thick with laws from coast to coast man's laws, not God's and if you cut them down and you're just the man to do it d'you really think you would stand upright in the winds that would blow then? (Quietly) Yes, I'd give the Devil benefit of law, for my own safety's sake. ROPER: I have long suspected this; this is the golden calf; the law's your god. MORE: (Wearily) Oh, Roper, you're a fool, God's my god... (Rather bitterly) But I find him rather too (Very bitterly) subtle... I don't know where he is nor what he wants. ROPER: My God wants service, to the end and unremitting; nothing else! MORE: (Dryly) Are you sure that's God! He sounds like Moloch. But indeed it may be God And whoever hunts for me, Roper, God or Devil, will find me hiding in the thickets of the law! And I'll hide my daughter with me! Not hoist her up the mainmast of your seagoing principles! They put about too nimbly! (Exit More. They all look after him). Pgs. 65-67, A MAN FOR ALL SEASONS A Play in Two Acts, Robert Bolt, Random House, New York, 1960. Linley E. Pearson, Atty. Gen. of Indiana, Indianapolis, for defendants. Childs v. Duckworth, 509 F. Supp. 1254, 1256 (N.D. Ind. 1981) aff'd, 705 F.2d 915 (7th Cir. 1983)

  4. "Meanwhile small- and mid-size firms are getting squeezed and likely will not survive unless they become a boutique firm." I've been a business attorney in small, and now mid-size firm for over 30 years, and for over 30 years legal consultants have been preaching this exact same mantra of impending doom for small and mid-sized firms -- verbatim. This claim apparently helps them gin up merger opportunities from smaller firms who become convinced that they need to become larger overnight. The claim that large corporations are interested in cost-saving and efficiency has likewise been preached for decades, and is likewise bunk. If large corporations had any real interest in saving money they wouldn't use large law firms whose rates are substantially higher than those of high-quality mid-sized firms.

  5. The family is the foundation of all human government. That is the Grand Design. Modern governments throw off this Design and make bureaucratic war against the family, as does Hollywood and cultural elitists such as third wave feminists. Since WWII we have been on a ship of fools that way, with both the elite and government and their social engineering hacks relentlessly attacking the very foundation of social order. And their success? See it in the streets of Fergusson, on the food stamp doles (mostly broken families)and in the above article. Reject the Grand Design for true social function, enter the Glorious State to manage social dysfunction. Our Brave New World will be a prison camp, and we will welcome it as the only way to manage given the anarchy without it.

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