Plumhoff v. Rickard
Plumhoff v. Rickard
Opinion
*768 The courts below denied qualified immunity for police officers who shot the driver of a fleeing vehicle to put an end to a *2017 dangerous car chase. We reverse and hold that the officers did not violate the Fourth Amendment. In the alternative, we conclude that the officers were entitled to qualified immunity because they violated no clearly established law.
I
A
Because this case arises from the denial of the officers' motion for summary judgment, we view the facts in the light most favorable to the nonmoving party, the daughter of the driver who attempted to flee.
Wilkie v
.
Robbins,
Forthman gave chase and was soon joined by five other police cruisers driven by Sergeant Vance Plumhoff and Officers Jimmy Evans, Lance Ellis, Troy Galtelli, and John Gardner. The officers pursued Rickard east on Interstate 40 toward Memphis, Tennessee. While on I-40, they attempted to stop Rickard using a "rolling roadblock," id., at *2, but they were unsuccessful. The District Court described the vehicles as "swerving through traffic at high speeds," id., at *8, and respondent does not dispute that the cars attained speeds over 100 miles per hour. 1 See Memorandum of Law in Response to Defendants' Motion for Summary Judgment in No. 2:05-cv-2585 (WD Tenn.), p. 16; see also Tr. of Oral Arg. 54:23-55:6. During the chase, Rickard and the officers passed more than two dozen vehicles.
Rickard eventually exited I-40 in Memphis, and shortly afterward he made "a quick right turn," causing "contact [to] occu[r]" between his car and Evans' cruiser.
B
Respondent, Rickard's surviving daughter, filed this action under Rev. Stat. § 1979,
The officers moved for summary judgment based on qualified immunity, but the District Court denied that motion, holding that the officers' conduct violated the Fourth Amendment and was contrary to law that was clearly established at the time in question. The officers appealed, but a Sixth Circuit motions panel initially dismissed the appeal for lack of jurisdiction based on this Court's decision in
Johnson v. Jones,
The merits panel then affirmed the District Court's decision on the merits.
Estate of Allen v. West Memphis,
We granted certiorari. 571 U.S. ----,
II
We start with the question whether the Court of Appeals properly exercised jurisdiction under
An order denying a motion for summary judgment is generally not a final decision within the meaning of § 1291 and is thus generally not immediately appealable.
Johnson,
Respondent argues that our decision in
Johnson,
forecloses appellate jurisdiction under the circumstances here, but the order from which the appeal was taken in
Johnson
was quite different from the order in the present case. In
Johnson,
the plaintiff brought suit against certain police officers who, he alleged, had beaten him.
This Court held that the
Johnson
order was not immediately appealable because it merely decided "a question of 'evidence sufficiency,'
i.e.,
which facts a party may, or may not, be able to prove at trial."
Id
., at 313,
The District Court order in this case is nothing like the order in Johnson . Petitioners do not claim that other officers were responsible for shooting Rickard; rather, they contend that their conduct did not violate the Fourth Amendment and, in any event, did not violate clearly established law. Thus, they raise legal issues; these issues are quite different from any purely factual issues that the trial court might confront if the case were tried; deciding legal issues of this sort is a core responsibility of appellate courts, and requiring appellate courts to decide such issues is not an undue burden.
*2020 The District Court order here is not materially distinguishable from the District Court order in Scott v. Harris, and in that case we expressed no doubts about the jurisdiction of the Court of Appeals under § 1291. Accordingly, here, as in Scott, we hold that the Court of Appeals properly exercised jurisdiction, and we therefore turn to the merits.
III
A
Petitioners contend that the decision of the Court of Appeals is wrong for two separate reasons. They maintain that they did not violate Rickard's Fourth Amendment rights and that, in any event, their conduct did not violate any Fourth Amendment rule that was clearly established at the time of the events in question. When confronted with such arguments, we held in
*774
Saucier v. Katz,
We subsequently altered this rigid framework in
Pearson,
declaring that "
Saucier
's procedure should not be regarded as an inflexible requirement."
Heeding our guidance in
Pearson,
we begin in this case with the question whether the officers' conduct violated the Fourth Amendment. This approach, we believe, will be "beneficial" in "develop[ing] constitutional precedent" in an area that courts typically consider in cases in which the defendant asserts a qualified immunity defense. See
Pearson, supra, at 236,
B
A claim that law-enforcement officers used excessive force to effect a seizure is governed by the Fourth Amendment's "reasonableness" standard. See
Graham v. Connor,
*775
We analyze this question from the perspective "of a reasonable officer on the scene, rather than with the 20/20 vision of hindsight."
Ibid
. We thus "allo[w] for the fact that police officers are often forced to make split-second judgments-in circumstances that are tense, uncertain, and rapidly evolving-about the amount of force that is necessary in a particular situation."
In this case, respondent advances two main Fourth Amendment arguments. First, she contends that the Fourth
*2021
Amendment did not allow petitioners to use deadly force to terminate the chase. See Brief for Respondent 24-35. Second, she argues that the "degree of force was excessive," that is, that even if the officers were permitted to fire their weapons, they went too far when they fired as many rounds as they did. See
id
., at 36-38,
1
In
Scott,
we considered a claim that a police officer violated the Fourth Amendment when he terminated a high-speed car chase by using a technique that placed a "fleeing motorist at risk of serious injury or death."
"[R]espondent's vehicle rac[ed] down narrow, two-lane roads in the dead of night at speeds that are shockingly fast. We see it swerve around more than a dozen other cars, cross the double-yellow line, and force cars traveling in both directions to their respective shoulders to avoid being hit. We see it run multiple red lights *776 and travel for considerable periods of time in the occasional center left-turn-only lane, chased by numerous police cars forced to engage in the same hazardous maneuvers just to keep up." Id ., at 379-380,127 S.Ct. 1769 (footnote omitted).
In light of those facts, "we [thought] it [was] quite clear that [the police officer] did not violate the Fourth Amendment."
Id
., at 381,
We see no basis for reaching a different conclusion here. As we have explained supra, at ----, the chase in this case exceeded 100 miles per hour and lasted over five minutes. During that chase, Rickard passed more than two dozen other vehicles, several of which were forced to alter course. Rickard's outrageously reckless driving posed a grave public safety risk. And while it is true that Rickard's car eventually collided with a police car and came temporarily to a near standstill, that did not end the chase. Less than three seconds later, Rickard resumed maneuvering his car. Just before the shots were fired, when the front bumper of his car was flush with that of one of the police cruisers, Rickard was obviously pushing down on the accelerator because the car's wheels were spinning, and then Rickard threw the car into reverse "in an attempt to escape."
*777 Thus, the record conclusively *2022 disproves respondent's claim that the chase in the present case was already over when petitioners began shooting. Under the circumstances at the moment when the shots were fired, all that a reasonable police officer could have concluded was that Rickard was intent on resuming his flight and that, if he was allowed to do so, he would once again pose a deadly threat for others on the road. Rickard's conduct even after the shots were fired-as noted, he managed to drive away despite the efforts of the police to block his path-underscores the point.
In light of the circumstances we have discussed, it is beyond serious dispute that Rickard's flight posed a grave public safety risk, and here, as in Scott, the police acted reasonably in using deadly force to end that risk.
2
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."
Here, during the 10-second span when all the shots were fired, Rickard never abandoned his attempt to flee. Indeed, even after all the shots had been fired, he managed to drive away and to continue driving until he crashed. This would be a different case if petitioners had initiated a second round of shots after an initial round had clearly incapacitated Rickard and had ended any threat of continued flight, or if Rickard had clearly given himself up. But that is not what happened.
In arguing that too many shots were fired, respondent relies in part on the presence of Kelly Allen in the front seat
*778
of the car, but we do not think that this factor changes the calculus. Our cases make it clear that "Fourth Amendment rights are personal rights which ... may not be vicariously asserted."
Alderman v. United States,
C
We have held that petitioners' conduct did not violate the Fourth Amendment, but even if that were not the case, *2023 petitioners would still be entitled to summary judgment based on qualified immunity.
An official sued under § 1983 is entitled to qualified immunity unless it is shown that the official violated a statutory or constitutional right that was " 'clearly established' " at the time of the challenged conduct.
Ashcroft v. al-Kidd,
563 U.S. ----, ----,
Brosseau
makes plain that as of February 21, 1999-the date of the events at issue in that case-it was not clearly established that it was unconstitutional to shoot a fleeing driver to protect those whom his flight might endanger. We did not consider later decided cases because they "could not have given fair notice to [the officer]."
To begin, certain facts here are more favorable to the officers. 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. In contrast, the officers here shot at Rickard to put an end to what had already been a lengthy, high-speed pursuit that indisputably posed a danger both to the officers involved and to any civilians who happened to be nearby. Indeed, the lone dissenting Justice in
Brosseau
emphasized that in
*2024
that case, "there was no ongoing or prior high-speed car chase to inform the [constitutional] analysis."
Since respondent cannot meaningfully distinguish
Brosseau,
her only option is to show that its analysis was out of date by 2004. Yet respondent has not pointed us to any case-let alone a controlling case or a robust consensus of cases-decided between 1999 and 2004 that could be said to have clearly established the unconstitutionality of using lethal force to end a high-speed car chase. And respondent receives no help on this front from the opinions below. The District Court cited only a single case decided between 1999 and 2004 that identified a possible constitutional violation by
*781
an officer who shot a fleeing driver, and the facts of that case-where a reasonable jury could have concluded that the suspect merely "accelerated to eighty to eighty-five miles per hour in a seventy-miles-per-hour zone" and did not "engag[e] in any evasive maneuvers,"
Vaughan v. Cox,
* * *
Under the circumstances present in this case, we hold that the Fourth Amendment did not prohibit petitioners from using the deadly force that they employed to terminate the dangerous car chase that Rickard precipitated. In the alternative, we note that petitioners are entitled to qualified immunity for the conduct at issue because they violated no clearly established law.
The judgment of the Court of Appeals is reversed, and the case is remanded for further proceedings consistent with this opinion.
It is so ordered.
Justice GINSBURG joins the judgment and Parts I, II, and III-C of this opinion. Justice BREYER joins this opinion except as to Part IIIB-2.
The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See
United States v. Detroit Timber & Lumber Co.,
It is also undisputed that Forthman saw glass shavings on the dashboard of Rickard's car, a sign that the windshield had been broken recently; that another officer testified that the windshield indentation and glass shavings would have justified a suspicion " 'that someone had possibly been struck by that vehicle, like a pedestrian' "; and that Forthman saw beer in Rickard's car. See App. 424-426 (Response to Defendant's Statement of Undisputed Material Facts in No. 2:05-cv-2585 (WD Tenn.), ¶¶ 15-19).
After expressing some confusion about whether it should dismiss or affirm, the panel wrote that "it would seem that what we are doing is affirming [the District Court's] judgment."
In holding that petitioners' conduct violated the Fourth Amendment, the District Court relied on reasoning that is irreconcilable with our decision in
Scott
. The District Court held that the danger presented by a high-speed chase cannot justify the use of deadly force because that danger was caused by the officers' decision to continue the chase.
Estate of Allen v. West Memphis,
There seems to be some disagreement among lower courts as to whether a passenger in Allen's situation can recover under a Fourth Amendment theory. Compare
Vaughan v. Cox,
Reference
- Full Case Name
- Officer Vance PLUMHOFF, Et Al., Petitioners v. Whitne RICKARD, a Minor Child, Individually, and as Surviving Daughter of Donald Rickard, Deceased, by and Through Her Mother Samantha Rickard, as Parent and Next Friend.
- Cited By
- 1664 cases
- Status
- Published