7th Circuit affirms ruling for officers on excessive force claims

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The 7th Circuit Court of Appeals found no reason to disturb a judgment in favor of several officers involved in a standoff and shooting death of a Fort Wayne man in 2005. Rudy Escobedo’s estate challenged the jury verdict and summary judgment for the defendants on excessive force claims.

In the early morning of July 19, 2005, Rudy Escobedo became suicidal and ingested cocaine. After calling his sisters, he called 911 to report he was suicidal. He barricaded himself in his bedroom in his 7th floor apartment in Fort Wayne. Officers tried to negotiate Escobedo out of his apartment to no avail. Eventually, a tactical team, knowing Escobedo was armed, threw several cans of tear gas into his apartment and entered his apartment. The officers threw two flash-bang devices in the apartment, with one thrown into his bedroom. The police believed Escobedo was going to shoot based on his actions in the bedroom, and two officers opened fire, killing him.

Escobedo’s estate sued the city of Fort Wayne and several of the officers involved. After a variety of motions were filed and a partial summary judgment was granted and appealed, the case went to trial on the excessive force claims, and the jury found in favor of the defendants. The District Court also granted judgment as a matter of law in favor of the defendants after the jury entered its verdict.  

Escobedo’s estate appealed on several grounds, including that the 7th Circuit should reverse the grant of judgment as a matter of law to the defendant commanders on qualified immunity grounds because the court improperly weighed evidence and concluded that Escobedo posed a threat to the public. The estate cited the 7th Circuit’s opinion involving this case from 2010 that upheld denial of qualified immunity to the defendants on their motion for summary judgment.

“However, facts emerged at trial that caused the district court to conclude that ‘the police had a much greater concern that Escobedo was an imminent threat to others,’ thus changing its conclusion on the qualified immunity question,” Judge Daniel Manion wrote. “When we affirmed the district court’s summary judgment ruling, the facts concerning the degree of danger Escobedo presented were not nearly as developed as they were after trial.”

In its 45-page opinion released Thursday, Estate of Rudy Escobedo (deceased) (Raquel Hanic, Personal Representative of Estate) v. Officer Brian Martin, et al., 11-2426, the 7th Circuit found the District Court did not improperly admit evidence unknown to the officers at the time they used force against Escobedo; that the court committed harmless error when it prohibited the estate from introducing evidence at trial of Escobedo’s death for purposes of calculating damages; there was no error in granting judgment as a matter of law on qualified immunity grounds to the defendant commanders nor to officer Scott Straub; and that the District Court did not err when it granted summary judgment in favor of officers Brian Martin and Jason Brown on the estate’s excessive force claim for shooting Escobedo.



  • Poppycock!
    Where was the evidence o0f alcohol other than the testimony of the cops who backed each others story, imagine that! It is time to rein in thug cops that tell the difference between a intoxicated person and a medical issue and it is time for the courts to stop protecting these thugs that think martial law has been declared in America and that a badge is a license to break the law!

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  1. I think the cops are doing a great job locking up criminals. The Murder rates in the inner cities are skyrocketing and you think that too any people are being incarcerated. Maybe we need to lock up more of them. We have the ACLU, BLM, NAACP, Civil right Division of the DOJ, the innocent Project etc. We have court system with an appeal process that can go on for years, with attorneys supplied by the government. I'm confused as to how that translates into the idea that the defendants are not being represented properly. Maybe the attorneys need to do more Pro-Bono work

  2. We do not have 10% of our population (which would mean about 32 million) incarcerated. It's closer to 2%.

  3. If a class action suit or other manner of retribution is possible, count me in. I have email and voicemail from the man. He colluded with opposing counsel, I am certain. My case was damaged so severely it nearly lost me everything and I am still paying dearly.

  4. There's probably a lot of blame that can be cast around for Indiana Tech's abysmal bar passage rate this last February. The folks who decided that Indiana, a state with roughly 16,000 to 18,000 attorneys, needs a fifth law school need to question the motives that drove their support of this project. Others, who have been "strong supporters" of the law school, should likewise ask themselves why they believe this institution should be supported. Is it because it fills some real need in the state? Or is it, instead, nothing more than a resume builder for those who teach there part-time? And others who make excuses for the students' poor performance, especially those who offer nothing more than conspiracy theories to back up their claims--who are they helping? What evidence do they have to support their posturing? Ultimately, though, like most everything in life, whether one succeeds or fails is entirely within one's own hands. At least one student from Indiana Tech proved this when he/she took and passed the February bar. A second Indiana Tech student proved this when they took the bar in another state and passed. As for the remaining 9 who took the bar and didn't pass (apparently, one of the students successfully appealed his/her original score), it's now up to them (and nobody else) to ensure that they pass on their second attempt. These folks should feel no shame; many currently successful practicing attorneys failed the bar exam on their first try. These same attorneys picked themselves up, dusted themselves off, and got back to the rigorous study needed to ensure they would pass on their second go 'round. This is what the Indiana Tech students who didn't pass the first time need to do. Of course, none of this answers such questions as whether Indiana Tech should be accredited by the ABA, whether the school should keep its doors open, or, most importantly, whether it should have even opened its doors in the first place. Those who promoted the idea of a fifth law school in Indiana need to do a lot of soul-searching regarding their decisions. These same people should never be allowed, again, to have a say about the future of legal education in this state or anywhere else. Indiana already has four law schools. That's probably one more than it really needs. But it's more than enough.

  5. This man Steve Hubbard goes on any online post or forum he can find and tries to push his company. He said court reporters would be obsolete a few years ago, yet here we are. How does he have time to search out every single post about court reporters and even spy in private court reporting forums if his company is so successful???? Dude, get a life. And back to what this post was about, I agree that some national firms cause a huge problem.