Dorothy I. Feist v. Bradley Jon Simonson

LAY, Circuit Judge.

This is an appeal by Bradley Jon Simonson, a police officer for the Minneapolis Police Department, aidsing from his high-speed pursuit of a stolen automobile. Brian Feist was traveling eastbound on Interstate 94 near downtown Minneapolis and was killed when the pursued suspect’s car crashed into him while traveling against traffic. Dorothy Feist brought this action against Simonson under 42 U.S.C. § 1983. The district court denied Simonson’s motion for summary judgment on the ground of qualified immunity. This interlocutory appeal followed. 1

The essential question in this…