the Court of Appeals affirmed the grant of summary judgment to the defendants. Judge McKee Id. concurred but wrote separately to note that the record supported a finding that police “if gratuitously rammed [the car, and if plaintiff properly alleged that they did so to injure suspect’s] or terrorize [the suspect], liability could still attach under at 172-73 (McKee, J., Lewis.” Id. concurring); at 173 do not read the majority opinion as holding that police can use see also id. (“I any amount of force during a high speed chase no matter how tenuously the force is related to the legitimate law enforcement objective of arresting the fleeing suspect.”).
the Court of Appeals affirmed the grant of summary judgment to the defendants. Id. Judge McKee concurred but wrote separately to note that “if the record supported a finding that police gratuitously rammed [the suspect’s] car, and if plaintiff properly alleged that they did so to injure or terrorize [the suspect], liability could still attach under Lewis.” Id. at 172-73 (McKee, J., concurring); see also id. at 173 (“I do not read the majority opinion as holding that police can use any amount of force during a high speed chase no matter how tenuously the force is related to the legitimate law enforcement objective of arresting the fleeing suspect.”).
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