CLE 123 inc.

Supreme Court - Scott v. Harris (High Speed Police Chases)

Facts of the Case

After a police officer attempted to pull him over for speeding, Victor Harris fled in his vehicle, initiating a high-speed car chase. Attempting to end the chase, Deputy Timothy Scott rammed Harris's vehicle with his police cruiser. Harris crashed and was rendered a quadriplegic. Harris sued Scott in federal District Court, alleging that Scott had violated his Fourth Amendment rights by using excessive force. Scott claimed qualified immunity as a government official acting in his official capacity, but the District Court rejected the claim. The U.S. Court of Appeals for the Eleventh Circuit affirmed.

In order to show that a government official is not entitled to qualified immunity, a plaintiff is required to prove that the official violated a clearly established constitutional right. The Eleventh Circuit ruled that Scott's actions constituted an unreasonable seizure in violation of the Fourth Amendment. Because there was no imminent threat - Harris remained in control of his vehicle and the roads were relatively empty - Scott's use of deadly force was unconstitutional. Although no Appellate Court had ruled on the specific question of the use of deadly force in a high-speed chase, the Eleventh Circuit ruled that the limits on deadly force were "clearly established."

Question

1) Does a police officer who stops a high-speed chase by ramming a fleeing suspect's car violate the Fourth Amendment's protection against unreasonable seizure?

2) Was it "clearly established" in federal law that an officer violates the Fourth Amendment by using deadly force during a high-speed chase?

About the Lecturer

Mr. Jeffrey B. Gold Esq.

Jeffrey B. Gold is a partner in the Law Firm of Gold, Stewart, Kravatz, Benes & Stone LLP in Westbury, NY.

Mr. Gold's practice consists of insurance coverage, personal injury and commercial litigation.  He can be reached at (516) 512-6333 or at jgold@goldstewart.com.