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TERRELL v. LARSON

No. 03-1293.

396 F.3d 975 (2005)

James TERRELL, as Trustee for the heirs and next of kin of Talena Terrell, et al., Plaintiffs — Appellees, v. Brek Andrew LARSON; Shawn Aaron Longen, Defendants — Appellants.

United States Court of Appeals, Eighth Circuit.

Filed: February 4, 2005.

Rehearing and Rehearing Denied March 16, 2005.

As Corrected March 23, 2005.

Attorney(s) appearing for the Case

James T. Martin, argued, Edina, MN (Julian C. Janes, on the brief), for appellant.

Mark D. Nyvold, argued (Paul Appelbaum, St. Paul, MN, on the brief), for appellee.

Before LOKEN, Chief Judge, LAY, HEANEY, WOLLMAN, MORRIS SHEPPARD ARNOLD, MURPHY, BYE, RILEY, MELLOY, SMITH, COLLOTON, GRUENDER, and BENTON, Circuit Judges, en banc.

Rehearing and Rehearing En Banc Denied March 16, 2005.

LOKEN, Chief Judge.

In County of Sacramento v. Lewis, 523 U.S. 833, 836, 118 S.Ct. 1708, 140 L.Ed.2d 1043 (1998), the Supreme Court held that, "in a high-speed automobile chase aimed at apprehending a suspected offender .... only a purpose to cause harm unrelated to the legitimate object of arrest will satisfy the element of arbitrary conduct shocking to the conscience...

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