August 31, 1998
Cal Henderson v. Isac R. Bowden
Case Number(s):
91965
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Summary:

Three sons of Isac Bowden spent an afternoon partying and joyriding with a friend. Shortly before midnight, they were stopped by a deputy sheriff who arrested the driver of the car, Jimmy Bowden, for DUI and placed him in the rear seat of the sheriff's cruiser. The deputy then told the brothers' friend, Brandon Lyons, to drive the car to a nearby store and wait for him there. Lyon did so, but drove off as the deputy's car approached, leading to a hot pursuit. The car driven by Lyons crashed during the pursuit, leading to the deaths of Damon and Robert Bowden. Officers said that a roadside test indicated Lyons was not intoxicated, but subsequent tests showed that he was more intoxicated than Jimmy and that both were legally drunk. The Bowdens' parents sued the sheriff and his deputies for giving custody of the car to Lyons, but the trial court dismissed the case on grounds of sovereign immunity. The Second District Court reversed