SOUTH BEND — Elkhart Police officers have asked a judge to rule against a woman who is suing them after they shot her while opening fire on a car in 2016, killing the driver.
Jazzlyn Crase, 25, says she was grazed in the chest and suffered a shattered femur which bled profusely after police opened fire on the car she was riding in, but she didn’t receive any medical help from the first four officers on the scene. She says she was left in the car until medics arrived.
Crase accuses the officers of excessive force and unlawful seizure, failure to protect her, deliberate indifference, battery and criminal confinement.
The driver of the vehicle, 29-year-old Norman Gary, died at the scene of the Dec. 4, 2016 shooting on DeCamp Avenue. Officers were cleared of wrongdoing in his death, but his family also filed a lawsuit against the men involved, which is still pending.
Crase’s lawsuit names the shooters, Nathan Lanzen and Leonard Dolshenko, as well as officer David Baskins and Jonathon Carver. The four officers denied the allegations in their answer filed with U.S. District Court in South Bend.
In October, they filed a motion for summary judgment against Crase, asking the judge to rule against her on all six counts that she alleges.
They argue that Lanzen and Dolshenko are entitled to summary judgment on the excessive force claim because Crase didn’t suffer a “seizure” under the Fourth Amendment and because the officers “did not intend to use deadly force” against her.
They also argue that they “did not engage in conduct that shocks the conscience,” and that “the use of deadly force was objectively reasonable.”
Regarding the “failure to protect” claim, they argue that “no unconstitutional force was used” against Crase and that “neither officer had a realistic opportunity to intervene.”
They say they are entitled to summary judgment on the deliberate indifference claims because they “did not deprive (Crase) of medical care and otherwise acted objectively reasonably in calling for medics” to tend to her injuries.
The officers also say they are entitled to qualified immunity in those first four claims because they “did not deprive (Crase) of her clearly established constitutional rights.”
Regarding the battery and criminal confinement allegations, they argue that they are immune from liability under Indiana law.
Judge Jon DeGuilio has given Crase until Dec. 27 to respond to the officers’ motion.