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DAVENPORT v. BOROUGH OF HOMESTEAD

No. 16-3892.

870 F.3d 273 (2017)

Lena DAVENPORT, an adult individual v. BOROUGH OF HOMESTEAD, a Municipal corporation; City of Pittsburgh, a Municipal corporation; Ian Strang, individually and in his official capacities as a Police Officer of the Borough of Homestead; James Ilgenfritz, individually and his official capacities as a Police Officer of the Borough of Homestead; Louis Schweitzer, individually and in his official capacities as a Police Officer of the City of Pittsburgh; Stephen Matakovich, individually and in his official capacities as a Police Officer of the City of Pittsburgh; Calvin Kennedy, individually and in his official capacities as a Police Officer of the City of Pittsburgh; Thomas Gorecki, individually and in his official capacities as a Police Officer of the City of Pittsburgh, and; Nathan Harper, Commander, in his official capacity as a Chief of Police of the City of Pittsburgh; Jeffrey Desimone, in his official capacity as Chief of Police of Borough of Homestead, and; Igor Boyko, individually and in his official capacity of a Police Officer of the City of Pittsburgh Louis Schweitzer; Stephen Matakovich; Calvin Kennedy; Thomas Gorecki, Appellants.

United States Court of Appeals, Third Circuit.

(Opinion Filed: August 29, 2017).

Attorney(s) appearing for the Case

Bryan Campbell , Law Offices of Bryan Campbell, 310 Grant Street, Suite 2620, Pittsburgh, PA 15219, Allison N. Genard , Marshall Dennehey Warner Coleman & Goggin, 600 Grant Street, 2900 U.S. Steel Tower, Pittsburgh, PA 15219, John J. Hare , Shane Haselbarth [ARGUED], Marshall Dennehey Warner Coleman & Goggin, 2000 Market Street, Suite 2300, Philadelphia, PA 19103, Counsel for Appellants.

J. Kerrington Lewis, Sr. [ARGUED], Lewis Lewis & Reilly, 1040 Fifth Avenue, Pittsburgh, PA 15219, Counsel for Appellee.

Before: HARDIMAN, ROTH, and FISHER, Circuit Judges.

OPINION OF THE COURT

On an early Sunday morning in January 2013, Lena Davenport was riding in the front passenger seat of a vehicle driven by her son Donald Burris, Jr. After running a red light and refusing to pull over, Burris led police officers on a nearly five-mile low speed pursuit into the City of Pittsburgh...

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