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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.

 

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  • 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. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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