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ABNEY v. COE

No. 06-1607.

493 F.3d 412 (2007)

Jeanette René ABNEY, Administratrix of the Estate of Gerald Benjamin Abney, Jr., and The State of North Carolina ex rel. Jeanette René Abney, Administratrix of the Estate of Gerald Benjamin Abney, Jr., Plaintiff-Appellee, v. Joel Rodney COE, Deputy, individually and in his official capacity as a Deputy of the Randolph County Sheriff's Department; Western Surety Company, Defendants-Appellants, and Litchard Hurley, Sheriff, individually and in his official capacity as Sheriff of Randolph County; Randolph County, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: July 3, 2007.

Attorney(s) appearing for the Case

ARGUED: Rachel Ellen Daly, Womble, Carlyle, Sandridge & Rice, P.L.L.C., Winston-Salem, North Carolina, for Appellants. Elliot S. Richardson, Richardson, Stasko, Boyd & Mack, L.L.C., Chicago, Illinois, for Appellee. ON BRIEF: Allan R. Gitter, Womble, Carlyle, Sandridge & Rice, P.L.L.C., Winston-Salem, North Carolina, for Appellants. David S. Lipschultz, Richardson, Stasko, Boyd & Mack, L.L.C., Chicago, Illinois; Brady A. Yntema, Pinto, Coates, Kyre & Brown, P.L.L.C., Greensboro, North Carolina, for Appellee.

Before WIDENER, WILKINSON, and KING, Circuit Judges.

Reversed by published opinion. Judge WILKINSON wrote the opinion, in which Judge WIDENER and Judge KING joined.

OPINION

WILKINSON, Circuit Judge:

In this case a motorcyclist refused to stop for a sheriff deputy's flashing blue lights and siren over the course of an eight mile pursuit. The pursuit ended when the deputy's car and the motorcycle collided killing the motorist, Gerald Abney. Abney's estate brought suit under 42 U.S.C. § 1983 (2000...

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