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7th Circuit: Gunman’s reach for weapon nullifies excessive force claim

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A federal court in South Bend rightfully rejected a civil rights claim brought by a man shot by state troopers trying to serve a warrant who found themselves in a six-hour armed standoff, the 7th Circuit Court of Appeals ruled Thursday.

Gary W. Helman filed a federal suit claiming his Fourth and 14th Amendment rights were violated and that Indiana State Police used excessive force when they shot him multiple times at his home in Cromwell. Helman displayed a weapon after authorities arrived, and the standoff ensued.

Helman ventured outside his house after a few hours, and police deployed a flash bang device. According to the District Court opinion, at that point Helman pulled his gun and police responded by shooting him. Helman later pleaded guilty to a Class D felony charge of resisting law enforcement.

In Gary W. Helman v. Bruce Duhaime, 12-3428, Circuit Judge Ilana Rovner wrote that District Judge William C. Lee properly granted summary judgment in favor of the law-enforcement defendants on the basis that Helman’s guilty plea to the resisting charge constituted admission that he reached for his weapon before police fired.

“Helman is left, then, with an argument under § 1983 that the officers violated his Fourth Amendment rights in shooting him when he was reaching for his firearm,” Rovner wrote. “That claim, however, cannot survive summary judgment because such a response is objectively reasonable.”
 

 

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  1. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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