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Morrow v. Meachum
United States District Court, N.D. Texas, Abilene Division
September 18, 2017
NANCY MORROW, et al., Plaintiffs,
JONATHAN MEACHUM, in his individual capacity, and EASTLAND COUNTY, TEXAS, Defendants.
CUMMINGS UNITED STATES DISTRICT JUDGE
day, the Court considered:
(1) Defendants Jonathan Meachum and Eastland County,
Texas's Motion for Summary Judgment, filed February 17,
(2) Plaintiffs Nancy Morrow, Christa Donahue, and Alvin
Russell Moon's Response to Defendants' Motion for
Summary Judgment, filed March 10, 2017;
(3) Defendants' Reply to Plaintiffs' Brief in
Opposition, filed March 29, 2017;
(4) Plaintiffs' Sur-Reply in Opposition, filed April 12,
(5) Defendants' Sur-Surreply to Plaintiffs'
Sur-Reply, filed May 2, 2017;
(6) The Report and Recommendation of the United States
Magistrate Judge on Defendants' Motion for Summary
Judgment, filed June 22, 2017;
(7) Plaintiffs' Objections to the Magistrate's Report
and Recommendation, filed July 6, 2017;
(8) Defendants' Partial Objections to Report and
Recommendation, filed July 6, 2017;
(9) Defendants' Response to Plaintiffs' Brief in
Support of Objections, filed July 20, 2017; and
(10) Plaintiffs' Response in Opposition to
Defendants' Objections, filed July 27, 2017.
26, 2014, Defendant Jonathan Meachum was patrolling 1-20 near
Cisco, Texas, in a marked law enforcement SUV. Meachum saw
Austin Moon riding a motorcycle behind him on the Interstate,
speeding and weaving in and out of traffic. Meachum turned on
his emergency lights to initiate a traffic stop but Moon
accelerated past Meachum and continued to speed down 1-20
until Meachum lost sight of him. Meachum called in the
attempted traffic stop and alerted other law enforcement in
the area that Moon had evaded on his motorcycle. When Moon
stopped for gas further up the road, he was identified by an
Eastland County Deputy Sheriff at the gas station; Moon fled
the gas station and began traveling south on Highway 183. At
this point, Meachum was also traveling south on Highway 183,
now ahead of Moon's position. Meachum eventually saw Moon
in his rear view mirror, approaching at a high rate of speed.
As Meachum was cresting a hill on the highway, he moved into
the oncoming traffic lane and slowed his vehicle to warn
oncoming traffic of the police pursuit and to impede Moon
from passing him. Moon's motorcycle-traveling at a speed
of around 150 miles per hour-collided with the rear
driver's side of Meachum's SUV, throwing Moon from
the bike and killing him.
brought this suit under 42 U.S.C. § 1983, asserting
claims on behalf of Moon for excessive force and unlawful
seizure in violation of the Fourth and Fourteenth Amendments.
Defendant Meachum now moves for summary judgment on the issue
of qualified immunity and Defendant Eastland County
contemporaneously moves ...