A trial judge was correct to refrain from instructing the jury on the use of deadly force by police who used a roadblock to capture a group of speeding motorcyclists, the U.S. Court of Appeals for the Second Circuit has ruled.

Lawyers for the family of motorcyclist Nicholas Terranova sought the instruction from Southern District Judge Cathy Seibel (See Profile) because police intentionally caused the traffic jam that forced one of his fellow riders off the Sprain Brook Parkway and on to the median, where Terranova was hit and killed in 2003.

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