In plaintiff's 42 U.S.C. section 1983 action against two police officers on behalf of the estate of her husband arising from a high speed chase of armed robbery suspects that killed her husband in an automobile crash, summary judgment in favor of the defendant police officers is affirmed where: 1) the estate did not establish a prima facie case of deprivation of the husband's substantive due process rights as officers' actions of trying to apprehend what they reasonably believed to be dangerous criminals do not shock the conscience; and 2) in the alternative, even if the officers' actions did rise to the level of violating the husband's constitutional rights, it was not clearly established at the time of the incident that actions of that sort crossed the constitutional line.
Argued: October 9, 2009
Decided and Filed: November 9, 2009
Per Curium Opinion
For Appellant: Joel B. Sklar, Law Office, Detroit, Michigan.
For Appellee: Joseph Nimako, Cummings McClorey Davis & Acho, PLC., Livonia, Michigan