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DAVIS v. TOWNSHIP OF HILLSIDE

No. 98-6176.

190 F.3d 167 (1999)

Herron Garnett DAVIS, Appellant, v. TOWNSHIP OF HILLSIDE; Pearl Wiggins; James Wiggins; Christina Wiggins; Sam Smith; Deidra Boston; Christina Rash; Loren Ragin, Police Officer; Ragin, Police Officer; Roe, Police Officer; Police Officers I through X; Terrence Clerk; Louis Panarese, Sergeant; John Senchyshyn, Patrolman; Gerard Pydeski, Patrolman

United States Court of Appeals, Third Circuit.

Decided August 24, 1999.

Attorney(s) appearing for the Case

Robert T. Richlan (Argued), Paragano & Keough, Bernardsville, NJ, for Herron Garnett Davis, Appellant.

Morris R. Zucker (Argued), James K. Haney, Zucker, Facher & Zucker, West Orange, NJ, for Township of Hillside; Loren Ragin; Terrence Clerk; Louis Panarese; John Senchyshyn; Gerard Pydeski, Appellees.

Jean-Claude Labady (Argued), Maureen M. Johnston, Law Offices of Robert Sanderford, Fairlawn, NJ, for Deidra Boston, Appellee.

Before: SCIRICA, McKEE, Circuit Judges, and SCHWARZER, District Judge

OPINION OF THE COURT

SCHWARZER, District Judge:

We must decide whether plaintiff is entitled to go to trial on his substantive due process claim on evidence that the defendant police officers conducted a high-speed chase of a suspect in violation of regulations, ending when their vehicle rammed the pursued vehicle causing a multi-car collision which severely injured plaintiff, a pedestrian bystander. We hold that County of Sacramento v. Lewis,

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