ESTATE OF ESCOBEDO v. MARTIN

No. 11-2426.

702 F.3d 388 (2012)

ESTATE OF Rudy ESCOBEDO (deceased) (Raquel Hanic, Personal Representative of Estate), Plaintiff-Appellant, v. Officer Brian MARTIN, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided December 13, 2012.


Attorney(s) appearing for the Case

Michael K. Sutherlin (argued), Attorney, Sutherlin & Associates, Indianapolis, IN, for Plaintiff-Appellant.

Robert T. Keen, Jr. (argued), Attorney, Carson Boxberger LLP, Fort Wayne, IN, for Defendants-Appellees.

Before MANION, KANNE, and WILLIAMS, Circuit Judges.


MANION, Circuit Judge.

In the early morning hours of July 19, 2005, Rudy Escobedo became suicidal and ingested cocaine. He dialed 911 and told the operator he had taken cocaine, had a gun to his head, and wanted to kill himself. An emergency response team was dispatched to negotiate with Escobedo and to try to get him to put down his weapon and leave his apartment voluntarily. Negotiations proved unfruitful and the police opted to deploy a tactical response to remove...

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