Police

Truth file photo

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.

(4) comments

Betty Zeta

Without more details, it seems that the officers knew there was another individual in the vehicle thus putting them in harms way. They need to be held accountable, at least to some degree. I have lived here for 35 years and it seems the EPD reputation isn't any better now than it was then.

correction

The department needs to flush a few of these guys. Disappointed to see Mr. Carver is in the same pool of police officers.

fire111

So we are still beating the dead horse! Huh? These officers were cleared by an Indiana State Police investigation and a Grand Jury! Officers responded to a possible burglary in the area. While investigating the officers heard many gun shots in the same area. They ran towards the shot sounds. They saw dozens of people at a party. One man was found shot on the ground. More shots were fired in a differing area. 2 officers saw a man down while another officer aided him. All officers heard the second round of shots. Then a car engine racing and gravel being strewn. The car was headed towards the officer aiding the previously shot party on the ground. 2 officers fired at the car. The car stopped after running into a tree. 1 officer ordered the driver out of the car. The driver did not respond. He was dragged out of the car and handcuffed. While pulling the driver out, a 9mm pistol fell from his lap. Medic had already been dispatched for the very 1st shooting. But sure lets flush em out! So if you think I made this stuff up... Just Google the 2016 Elkhart Police Dept shooting of Norman Gary. Get all the info you want!

raindrop

Honestly, a dead horse down at the department for the officers to beat on might help the community out.

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