July 10, 2018

Terry Sides obtained summary judgment for an Alabama police officer in an excessive force lawsuit in federal court.

While on routine patrol in town, the officer encountered a vehicle believed by him to be stolen and in the possession of an individual (later identified as the plaintiff) who was not only considered to be armed and dangerous, but who also the subject of outstanding felony warrants for his arrest.  The officer initiated a pursuit (with emergency lights and siren activated) of the vehicle, and in response, the plaintiff sped away from the officer.

At high and dangerous rates of speed, plaintiff sped through streets of the town, including residential areas, and eventually traveled onto an interstate highway.  The officer, as well as others, witnessed plaintiff driving erratically and dangerously to other motorists. Witnesses observed plaintiff following too close to other vehicles, passing vehicles in the inside and outside “break-down” lanes, swerving, and cutting off the mov...

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