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No 4th Amendment Seizure Where Civil Rights Plaintiff Fled; No Malicious Prosecution Where Evidence Supported Gun Charge

By Shari Allison

Brooks v. Gaenzle, ___ F.3d ___ , 2010 WL XXX, No. 09-1489 (10th Cir. 2010) (CO). In this 42 USC § 1983 Civil Rights case, the court upholds the district court?s grant of summary judgment to the defendant cops/law enforcement entities on the petitioner?s Fourth Amendment claims of unreasonable use of force and malicious prosecution, and denies pendent jurisdiction on related state tort claims, reversing the district court on the state claims and dismissing them without prejudice. Petitioner and another were suspects at the scene of a burglary in progress. A suspect inside the house shot a gun at police. Petitioner was seen fleeing, was told to stop, and was shot in the back. He got away and was apprehended a few days later. The other suspect also fled and died in a later gun battle with the police, with the gun used at the burglary...continue to full post

Full post as published by Tenth Circuit Blog on August 11, 2010 (boomark / email).