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ELLIS EX REL. ESTATE OF ELLIS v. OGDEN CITY

No. 08-4166.

589 F.3d 1099 (2009)

Marvin B. ELLIS, as Administrator on Behalf OF the Philemon B. ELLIS ESTATE and Next-of-Kin, Plaintiff-Appellant, v. OGDEN CITY; Matt Jones, Ogden City Police Officer; Troy Burnett, Odgen City Police Officer, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

December 17, 2009.

Attorney(s) appearing for the Case

Michael P. Studebaker, Law Office of Michael Studebaker, LLC, Ogden, UT, for the Plaintiff-Appellant.

Stephen F. Noel, Smith Knowles, Ogden, UT, (Allan L. Larson and Heather S. White, Snow, Christensen & Martineau, Salt Lake City, UT, for the Defendants-Appellees, Ogden City and Troy Burnett), for the Defendant-Appellee, Matt Jones.

Before HARTZ, HOLLOWAY, and TYMKOVICH, Circuit Judges.

HOLLOWAY, Circuit Judge.

This tragic case addresses the level of intent necessary to prove a 42 U.S.C. § 1983 claim against officers for their conduct in a high-speed chase resulting in a bystander's death. The teaching of County of Sacramento v. Lewis, 523 U.S. 833, 836, 118 S.Ct. 1708, 140 L.Ed.2d 1043 (1998), is that in such circumstances "only a purpose to cause harm unrelated to the legitimate object of arrest will...

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