Abney Ex Rel. Estate of Abney v. Coe

Reversed by published opinion. Judge WILKINSON wrote the opinion, in which Judge WIDENER and Judge KING joined.

OPINION

WILKINSON, Circuit Judge:

In this case a motorcyclist refused to stop for a sheriff deputy’s flashing blue lights and siren over the course of an eight mile pursuit. The pursuit ended when the deputy’s car and the motorcycle collided killing the motorist, Gerald Abney. Abney’s estate brought suit under 42 U.S.C. § 1983 (2000) alleging, inter alia, that defendant Deputy Rodney Coe used excessive force in violation of Abney’s Fourth Amendment rights. The district court denied…