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HILL v. CITY OF INDIANAPOLIS

No. 93-1893.

17 F.3d 1016 (1994)

John Robert HILL, Individually and as the Administrator of the Estate of Robert McDonald Hill, Deceased, and Baird McDonald Hill, Individually, Plaintiffs-Appellants, v. CITY OF INDIANAPOLIS, Indianapolis Police Department, Chief of Police James D. Toler, Officer Wallace E. Shobe, Officer Paul Conley, Officer Phil Beaver, Officer Donald B. Terheide and Other Unknown Officers, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided March 1, 1994.

Attorney(s) appearing for the Case

Dawn E. Wellman (argued), James L. Brand, William S. Graebe, Brand & Allen, Greenfield, IN, for John Robert Hill and Baird McDonald Hill.

David M. Wallman, Dist. Atty. Gen. (argued), Andrew P. Wirick, Corp. Counsel, City County Legal Dept., Indianapolis, IN, for City of Indianapolis, Indianapolis Police Dept. and Chief of Police.

John C. Ruckelshaus, Leo T. Blackwell, Ruckelshaus, Roland, Hasbrook & O'Connor, Indianapolis, IN, for Wallace E. Shobe, P. Conley, Phil Beaver, Donald B. Terheide, and Other Unknown Officers.

Charles D. Hoornstra, Asst. Atty. Gen., James E. Doyle, Atty. Gen., Office of the Atty. Gen., Wisconsin Department of Justice, Madison, WI, for State of Wisconsin amicus curiae.

Daniel B. Dovenbarger, Pamela Carter, Asst. Atty. Gen., Office of the Atty. Gen., Federal Litigation, Indianapolis, IN, for State of Indiana amicus curiae.

Rosalyn B. Kaplan, Asst. Atty. Gen., Roland W. Burris, Mark E. Wilson, Office of the Atty. Gen., Civil Appeals Div., Chicago, IL, for State of Illinois amicus curiae.

Before COFFEY and ROVNER, Circuit Judges, and WILL, District Judge.

ILANA DIAMOND ROVNER, Circuit Judge.

Driving through an Indianapolis intersection at approximately 12:45 a.m. on August 21, 1992, Robert Hill was struck from the side by an Indianapolis Police Department ("IPD") squad car driven by Officer Wallace Shobe. The injuries Hill sustained in that accident resulted in his death. His parents subsequently filed this lawsuit, on behalf of both their son and themselves, under 42 U.S.C. § 1983, alleging Fourteenth Amendment...

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