Off-duty OIS case is an appellate court win for the good guys

The Seventh Circuit’s findings on an off-duty, officer-involved shooting are valuable and relevant to police officers in all jurisdictions

In the case of Horton v. Pobjecky – decided by the United States Court of Appeals for the Seventh Circuit on 2/28/18 – a unanimous three-judge federal appellate court exonerated a brave deputy who took decisive action in the face of grave and immediate danger.

The incident

On the evening of October 1, 2011, Frank Pobjecky, an unarmed, off-duty deputy sheriff dressed in plain clothes, made a pizza purchase at Marie’s Pizzeria in Rockford, Illinois.

As he was talking with the store manager, Vincent Tarara, and another employee, in a room adjacent to the main entrance, four men entered the store dressed in sweatshirts with hoods covering their heads.


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