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MAGDZIAK v. BYRD

No. 95-4092.

96 F.3d 1045 (1996)

Mirek MAGDZIAK, Administrator of the estate of Tadeusz Glodek, deceased, Plaintiff-Appellant, v. David BYRD, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided September 27, 1996.

Attorney(s) appearing for the Case

Thomas J. Nathan, Lisa A. Pach (argued), Chicago, IL, for Plaintiff-Appellant.

Marina Popovic, Office of the Attorney General, Chicago, IL, A. Benjamin Goldgar (argued), Office of the Attorney General, Civil Appeals Division, Chicago, IL, for Defendant-Appellee.

Before CUMMINGS, MANION and ROVNER, Circuit Judges.

ILANA DIAMOND ROVNER, Circuit Judge.

Tadeusz Glodek was fatally injured when his car was struck by a vehicle that was being pursued at high speed by Illinois State Police Officer David Byrd. Mirek Magdziak, the administrator of Glodek's estate, sued Officer Byrd under 42 U.S.C. § 1983, claiming that Byrd's actions during the pursuit violated Glodek's Fourteenth Amendment due process rights. The district court rejected Magdziak's claim, finding both that Glodek...

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