Michael Sauers v. Borough of Nesquehoning

JORDAN, Circuit Judge.

This case arises out of a tragic car accident that injured Michael Sauers and killed his wife. The crash resulted from the criminally reckless driving of police officer Stephen Homanko. Sauers later brought this suit against Homanko and others pursuant to 42 U.S.C. § 1983 and state law for, among other things, violating his and his wife's Fourteenth Amendment substantive due process rights. Homanko moved to dismiss the § 1983 claim for failure to state a claim and, in the alternative, he sought qualified immunity. The District Court denied the motion and Homanko…