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MONTGOMERY v. COUNTY OF CLINTON, MICH.

No. L89-50002 CA.

743 F.Supp. 1253 (1990)

Joan MONTGOMERY, Individually and as Personal Representative of the Estate of Sannie Montgomery, Deceased, and Lee Montgomery, Individually, Plaintiffs, v. COUNTY OF CLINTON, MICHIGAN, Terry Haneckow, Individually as Sheriff of Clinton County, Stephen Coughlin and Mark Finnila, Individually and in their capacity as Deputy Sheriffs for the County of Clinton, Mark Steffes, Individually and in his capacities as Deputy Sheriff and Deputy Medical Examiner for the County of Clinton, Dr. James Grost, M.D., Individually and as Medical Examiner for Clinton County, all Jointly and Severally, Defendants.

United States District Court, W.D. Michigan, S.D.

July 30, 1990.

Attorney(s) appearing for the Case

John Kaplansky, Southfield, Mich., for plaintiffs.

Richard Winslow, Cummings, McClorey, Davis & Acho, Battle Creek, Mich., for defendants.

OPINION OF THE COURT

ROBERT HOLMES BELL, District Judge.

This case presents a four-count complaint growing out of plaintiffs' decedent's death. The decedent Sannie Montgomery was killed when, in the course of fleeing two pursuing police vehicles, he lost control of the automobile he was driving and it left the roadway and crashed. The third amended complaint alleges in count I under 42 U.S.C. § 1983 that...

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