Defendants next contend that Wilkins and Chief White and the City of Alma were justified in the use of deadly force against McCaslin citing this Court to the objective reasonableness standard as set forth in
Tennessee v. Garner, 471 U.S. 1, 3, 105 S.Ct. 1694, 1697, 85 L.Ed.2d 1 (1985), and as applied in the Eighth Circuit case of
Cole v. Bone, 993 F.2d 1328 (8th Cir.1993). In
Cole, the Court found that the use of deadly force was objectively reasonable where a state police officer shot and killed a truck driver who was fleeing the police and the truck driver had eluded the police for several miles, traveling at high speeds through congested areas, forcing police and other cars off the road and showing no signs that he would give in to a road block or other tactic. Defendants say
Cole is just like the case at bar while plaintiffs distinguish
Cole by asserting that the decedent in
Cole was still driving down the highway running people of the road at the time police shot him, while McCaslin, in this case, was off the highway and the chase was effectively over.