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Probable Cause – Wrongful Death Claim

By: Derek Hawkins//January 28, 2020//

Probable Cause – Wrongful Death Claim

By: Derek Hawkins//January 28, 2020//

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7th Circuit Court of Appeals

Case Name: Rachel Ybarra v. City of Chicago, et al.

Case No.: 19-1435

Officials: FLAUM, RIPPLE, and HAMILTON, Circuit Judges.

Focus: Probable Cause – Wrongful Death Claim

Rachel Ybarra brought a lawsuit against the City of Chicago and Chicago Police Department Commander Francis Valadez and Officer Monica Reyes for excessive force and wrongful death based on the shooting death of her son, Rafael Cruz. The district court entered summary judgment for the defendants, holding that the officers could have reasonably believed, based on Cruz’s involvement in a drive-by shooting and extremely reckless driving, that Cruz posed an imminent threat to others if allowed to escape from the parking lot where they shot him.

We affirm. Under the circumstances present in this case, the officers had probable cause to believe that Cruz posed a threat of serious physical harm to others in the immediate vicinity. It was therefore not unreasonable for the officers to prevent Cruz’s escape by using deadly force.

Affirmed

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.

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