ESTATE OF STARKS v. ENYART

No. 93-1015.

5 F.3d 230 (1993)

ESTATE OF Damon L. STARKS, et al., Plaintiffs-Appellees, v. Donald L. ENYART, Thomas I. Black, and Thomas E. Schaffer, individually and as Officers of the Indianapolis Police Department, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided September 14, 1993.


Attorney(s) appearing for the Case

Hamid Kashani (argued), Indianapolis, IN, for plaintiffs-appellees.

Michael V. Gooch, John S. Beeman, Donald L. Centers (argued), Edward R. Hannon, Harrison & Moberly, Indianapolis, IN, for defendants-appellants.

Before CUDAHY, FLAUM and KANNE, Circuit Judges.


FLAUM, Circuit Judge.

On the evening of November 1, 1989, Damon Starks stole a taxicab and drove it to a nearby Taco Bell. Three uniformed police officers quickly surrounded the cab and confronted Starks. Instead of submitting to the authorities, Starks attempted to escape. As Starks drove toward Officer Black, all three officers opened fire and killed him. The plaintiffs sued the officers under 42 U.S.C. § 1983 for violating Starks' civil rights. The district...

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