excalibur
Diamond Member
- Mar 19, 2015
- 28,372
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Clearly defined law.
This controls.
How about if I let Justice Alito explain that one to you:
"We think our decision in Brosseau v. Haugen, 543 U. S. 194 (2004) (per curiam) squarely demonstrates that no clearly established law precluded petitioners' conduct at the time in question. In Brosseau, we held that a police officer did not violate clearly established law when she fired at a fleeing vehicle to prevent possible harm to "other officers on foot who [she] believed were in the immediate area, . . . occupied vehicles in [the driver's] path[,] and . . . any other citizens who might be in the area.... In Brosseau, an officer on foot fired at a driver who had just begun to flee and who had not yet driven his car in a dangerous manner...." "We now consider respondent's contention that, even if the use of deadly force was permissible, petitioners acted unreasonably in firing a total of 15 shots. We reject that argument. It stands to reason that, if police officers are justified in firing at a suspect in order to end a severe threat to public safety, the officers need not stop shooting until the threat has ended. As petitioners noted below, "if lethal force is justified, officers are taught to keep shooting until the threat is over."
9-0 decision in Plumhoff v. Rickard, 2014.
This controls.
How about if I let Justice Alito explain that one to you:
"We think our decision in Brosseau v. Haugen, 543 U. S. 194 (2004) (per curiam) squarely demonstrates that no clearly established law precluded petitioners' conduct at the time in question. In Brosseau, we held that a police officer did not violate clearly established law when she fired at a fleeing vehicle to prevent possible harm to "other officers on foot who [she] believed were in the immediate area, . . . occupied vehicles in [the driver's] path[,] and . . . any other citizens who might be in the area.... In Brosseau, an officer on foot fired at a driver who had just begun to flee and who had not yet driven his car in a dangerous manner...." "We now consider respondent's contention that, even if the use of deadly force was permissible, petitioners acted unreasonably in firing a total of 15 shots. We reject that argument. It stands to reason that, if police officers are justified in firing at a suspect in order to end a severe threat to public safety, the officers need not stop shooting until the threat has ended. As petitioners noted below, "if lethal force is justified, officers are taught to keep shooting until the threat is over."
9-0 decision in Plumhoff v. Rickard, 2014.
