Legal Opinion

Hermann v. Cook

District Court, W.D. Kentucky

Decided January 22, 2003No. Civil Action 3:01CV-524-HPublished

1Opinion of the Court

MEMORANDUM OPINION

JOHN G. HEYBURN II, Chief Judge.

Louis Wade Hermann (“Hermann”) while under arrest and handcuffed, ran from his arresting officers, dove into the Ohio River and tragically drowned. Although the Defendant officers called for emergency help, they did not make any attempt to rescue Hermann, and in fact prevented bystanders from doing so. Her-mann’s estate has sued the officers on several grounds: Count I alleges that Defendants interfered with private efforts in violation of his due process rights; Count II alleges unreasonable seizure; Count III alleges state law negligence;…

2Cases cited15 opinions

  1. Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
  2. Harlow v. FitzgeraldSupreme Court of the United States · 1982
  3. DeShaney v. Winnebago County Department of Social ServicesSupreme Court of the United States · 1989
  4. Siegert v. GilleySupreme Court of the United States · 1991
  5. Officer Melissa Kallstrom v. City of ColumbusCourt of Appeals for the Sixth Circuit · 1998

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