Tuesday, December 22, 2009

Insufficient Allegation of Intent to Harm in High-Speed Chase to Support Civil Rights Action

Ellis v. Ogden City, 2009 WL 4857085 (12/17/09) (Published) - The plaintiffs did not allege enough to warrant relief in a ยง 1983 action for the officer engaging in a high speed chase and killing a bystander. The officer going 80 mph in a 55 mph zone through residential streets after he was ordered to stop chasing did not establish the intent to harm necessary for relief when there was no time to deliberate.