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RUCKER v. HARFORD COUNTY, MD.

No. 90-2453.

946 F.2d 278 (1991)

James H. RUCKER, Individually and as next friend of David W. Rucker, Minor, Plaintiff-Appellant, v. HARFORD COUNTY, MARYLAND; Gary Vernon; Richard F. Williams; Steven Bodway; Elmer H. Tippitt, Superintendent; James Gruver; David B. Alexander; Dominic J. Mele; John J. O'Neal, Defendant-Appellees, and Harford County Sheriff's Department; Gerard Morgan; Jerry David Mace; Vernon James Conoway; Carl Pearsall, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided October 3, 1991.

Attorney(s) appearing for the Case

Daniel M. Clements, Israelson, Salsbury, Clements & Bekman, Baltimore, Md., argued (Suzanne K. Farace, on the brief), for plaintiff-appellant.

Carmen Mercedes Shepard, Asst. Atty. Gen., Baltimore, Md., argued (J. Joseph Curran, Jr., Atty. Gen., Stuart M. Nathan, Asst. Atty. Gen., Baltimore, Md., Jefferson L. Blomquist, Harford County Solicitor's Office, Bel Air, Md., Diana G. Motz, Frank, Bernstein, Conaway & Goldman, Michael J. Travieso, Gallagher, Evelius & Jones, Philip M. Andrews, Kramon & Graham, P.A., Baltimore, Md., on the brief), for defendants-appellees.

Before PHILLIPS and NIEMEYER, Circuit Judges, and RESTANI, United States Court of International Trade, sitting by designation.

OPINION

PHILLIPS, Circuit Judge:

This appeal presents as its principal issue whether, and if so to what extent, the fourth amendment's prohibition of unreasonable seizures of the person or the fourteenth amendment's due process clause provide constitutional protection to an innocent bystander against being unintentionally injured by police officers trying to apprehend a fleeing criminal suspect. It also presents the issue whether one bearing an intimate...

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