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United States v. Bradley

196 F.3d 762 (1999)

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United States v. Bradley

United States Court of Appeals for the Seventh Circuit

196 F.3d 762 (1999)

Facts

Adolph Bradley (defendant) was a police officer who was completing a night shift in an unmarked police car driven by his partner. Bradley and his partner saw a station wagon roll through a stop sign and decided to stop the driver for the violation. Bradley’s partner began following the car and activated the red emergency light that was inside their unmarked car on the dashboard. The driver of the station wagon continued to drive away at a slow speed. As they followed the station wagon in a low-speed chase, Bradley fired a warning shot above the station wagon and then fired another shot toward the driver. The second shot penetrated the station wagon and became lodged in a steel plate inside the driver’s seat directly behind the driver’s back. The driver felt the impact and finally pulled over. Bradley rushed toward the car with his gun drawn and shouted at the driver to get out of the car. When the driver got out of the car, Bradley recognized him as his childhood friend Roosevelt Marshall. After a brief exchange, Bradley let Marshall go without issuing a ticket. Marshall contacted the Federal Bureau of Investigation (FBI). Bradley was indicted for willfully depriving a person of his constitutional rights under color of law in violation of 18 U.S.C. § 242, for intentionally depriving Marshall of his right to be free from unreasonable force during an arrest. Bradley was convicted and appealed.

Rule of Law

Issue

Holding and Reasoning (Bauer, J.)

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