Brief filed: 01/17/2007
Scott v. Harris
United States Supreme Court; Case No. 05-1631
Lower court opinion, 433 F.3d 807 (11th Cir. 2005); decided April 20, 2007.
(1) Whether a law enforcement officer’s conduct is “objectively reasonable” under the Fourth Amendment when the officer makes a split-second decision to terminate a high-speed pursuit by bumping the fleeing suspect’s vehicle with his push bumper, because the suspect had demonstrated that he would continue to drive in a reckless and dangerous manner that put the lives of innocent persons at serious risk of death. (2) Whether, at the time of the incident, the law was “clearly established” when neither this Court nor any circuit court, including the Eleventh Circuit, had ruled the Fourth Amendment is violated when a law enforcement officer uses deadly force to protect the lives of innocent persons from the risk of dangerous and reckless vehicular flight.
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Jonathan D. Hacker, et al., O’Melveny & Meyers, Washington, DC.