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Norris v. Zambito10/19/1999
, however, that the officers' pursuit of Zambito in the face of his earlier threat to run from police amounted to a reckless indifference to the rights and safety of others. We disagree. The officers were not required to guess Zambito's state of mind in order to determine whether or not to pursue him; our Supreme Court held that a suspect's intent or state of mind is irrelevant. Parish, 350 N.C. 231, 513 S.E.2d 547. Assuming the officers were aware of Mr. Zambito's threats to flee, which the record does not support, police officers will not be held grossly negligent for attempting to apprehend a suspect merely because he indicates that he does not wish to be apprehended.
Because plaintiff has not forecast sufficient evidence to show a genuine issue of material fact as to gross negligence on the part of Officer Bynum and Corporal Hayes, an essential element of her claim is nonexistent and defendants are entitled to judgment as a matter of law. Summary judgment dismissing plaintiff's claim against defendants Bynum, Hayes, and City is affirmed.
Affirmed.
Chief Judge EAGLES and Judge LEWIS concur.
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