BINGUE v. PRUNCHAK

No. 05-16388.

512 F.3d 1169 (2008)

Edwige BINGUE, an individual; Marjorie Bingue, an individual; and Donald House, an individual, Plaintiffs-Appellees, v. Eli PRUNCHAK, individually, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed January 15, 2008.


Attorney(s) appearing for the Case

Thomas D. Dillard, Jr. & Felicia Galati, Rawlings, Olson, Cannon, Gormley & Desruisseaux, Las Vegas, NV, for the appellant.

Anthony P. Sgro, Stephen K. Lewis & Maria Loventime Estanislao, Patti, Srgo & Lewis, Las Vegas, NV, for the appellees.

Before: JAY S. BYBEE, MILAN D. SMITH, JR., and N. RANDY SMITH, Circuit Judges.


BYBEE, Circuit Judge:

In Onossian v. Block, we applied the Supreme Court's decision in County of Sacramento v. Lewis, 523 U.S. 833, 118 S.Ct. 1708, 140 L.Ed.2d 1043 (1998), and held that a police officer in a high-speed chase—whether he injures the fleeing suspect or a bystander—is entitled to qualified immunity unless his behavior "shocks the conscience" because it demonstrates an intent "to cause harm unrelated...

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