Estate of Escobedo v. Martin, No. 11-2426 (7th Cir. 2012)
Annotate this CaseEscobedo became suicidal and ingested cocaine. He dialed 911 and told the operator he had taken cocaine, had a gun to his head, and wanted to kill himself. An emergency response team was dispatched to negotiate with Escobedo and to try to get him to put down his weapon and leave his apartment voluntarily. Negotiations were unsuccessful and the police opted to deploy a tactical response to remove Escobedo, as they thought he presented a danger to the community around him. After deploying two volleys of tear gas into Escobedo’s seventh-floor apartment, a team of six officers wearing gas masks and other protective equipment broke into the apartment. The officers found him in his closet with a gun to his head. The officers ordered him to put down the weapon, but Escobedo did not comply and was shot by two officers. Escobedo’s Estate brought a 42 U.S.C. 1983 excessive force claim against the police and the City of Fort Wayne. The district court entered judgment in favor of the defendants. The Seventh Circuit affirmed.
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