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 an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

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  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.