No. 55, Docket 74-2545.

528 F.2d 132 (1975)

Flozell JONES, Administrator of the Estate of Dennis Jones, Appellant, v. Keith MARSHALL, Appellee.

United States Court of Appeals, Second Circuit.

Decided November 24, 1975.

Attorney(s) appearing for the Case

Louis I. Parley, West Hartford, Conn. (Bruce C. Mayor, Hartford, Conn., on the brief), for appellant.

Robert Y. Pelgrift, Hartford, Conn., for appellee.

Before SMITH, MANSFIELD and OAKES, Circuit Judges.

OAKES, Circuit Judge:

This appeal presents the question whether a civil rights action lies, under 42 U.S.C. § 1983, against a police officer who, in the course of his duty, shoots and kills a person who has committed a felony and is trying to escape arrest. The crime involved here — auto theft — did not involve conduct threatening use of deadly force; nor was there, at the time of the shooting, substantial risk that the person fleeing arrest would...


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