MEDINA v. CITY AND COUNTY OF DENVER

No. 90-1166.

960 F.2d 1493 (1992)

Gilbert MEDINA, Plaintiff-Appellant, v. The CITY AND COUNTY OF DENVER; Marty O'Dowd; Ralph Benfanti; Denver Police Officer Using Patrol Car 27 or 127 on 9/23/86 Between 5:00 and 6:00 p.m.; Rick Shook; Teri Rathburn; George Torsney; Robert Thomas; and Denver Police Officers John Does 1-5 Who Are Completely Unidentified at This Time; all individually and in their official capacities; Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied May 11, 1992.


Attorney(s) appearing for the Case

John R. Holland (Kim L. Morris with him on the brief) of the Law Offices of John Robert Holland, Denver, Colo., for plaintiff-appellant.

Robert M. Liechty (Theodore S. Halaby with him, on the brief) Halaby & McCrea, Denver, Colo., for defendants-appellees.

Before TACHA, BALDOCK, and EBEL, Circuit Judges.


EBEL, Circuit Judge.

This case involves a bystander's claim against the City and County of Denver and several Denver police officers for injuries sustained when the bystander was struck by a suspected felon during a high speed automobile chase. The district court found that the bystander did not state a claim under 42 U.S.C. § 1983 because he did not demonstrate that "the police conduct was directed toward him," and therefore the court granted summary judgment...

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