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Plumhoff v. Rickard

Docket No.12-1117
Op. Below6th Cir.
ArgumentMar 4, 2014

Holding

The use of deadly force by police officers in this case " firing multiple rounds into a car during a high-speed chase, contributing to the death of the driver and a passenger " was not unreasonable given the threat to public safety posed by the driver's reckless behavior. As such, the officers did not violate the Fourth Amendment. But in any event, the officers were entitled to qualified immunity because they did not violate any clearly established law.

Judgment

Reversed and remanded, 9-0, in an opinion by Samuel Alito on May 27, 2014. Justice Ginsburg joined as to the judgment and Parts I, II, and III" C, and Justice Breyer joined except as to Part III"B"2.

Issue: (1) Whether the Sixth Circuit wrongly denied qualified immunity to the petitioners by analyzing whether the force used in 2004 was distinguishable from factually similar force ruled permissible three years later in”Scott v. Harris. Stated otherwise, the question presented is whether, for qualified immunity purposes, the Sixth Circuit erred in analyzing whether the force was supported by subsequent case decisions as opposed to prohibited by clearly established law at the time the force was used; and (2) whether the Sixth Circuit erred in denying qualified immunity by finding the use of force was not reasonable as a matter of law when, under the respondent’s own facts, the suspect led police officers on a high-speed pursuit that began in Arkansas and ended in Tennessee, the suspect weaved through traffic on an interstate at a high rate of speed and made contact with the police vehicles twice, and the suspect used his vehicle in a final attempt to escape after he was surrounded by police officers, nearly hitting at least one police officer in the process.

Proceedings & orders timeline

Mar 12, 2013
Petition for a writ of certiorari filed. (Response due April 15, 2013)
Apr 30, 2013
DISTRIBUTED for Conference of May 16, 2013.
May 8, 2013
Response Requested . (Due June 7, 2013)
Jun 7, 2013
Brief of respondent 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 in opposition filed.
Jun 19, 2013
DISTRIBUTED for Conference of September 30, 2013.
Aug 13, 2013
Record Requested .
Aug 14, 2013
Record received from the Court of Appeals for the Sixth Circuit
Aug 21, 2013
DISTRIBUTED for Conference of September 30, 2013.
Aug 21, 2013
Reply of petitioners Officer Vance Plumhoff, et al. filed. (Distributed)
Aug 22, 2013
Record Requested .
Sep 27, 2013
Record received from the United States District Court Western District of Tennessee (3 DVDs).
Oct 2, 2013
DISTRIBUTED for Conference of October 18, 2013.
Oct 28, 2013
DISTRIBUTED for Conference of November 1, 2013.
Nov 4, 2013
DISTRIBUTED for Conference of November 8, 2013.
Nov 12, 2013
DISTRIBUTED for Conference of November 15, 2013.
Nov 15, 2013
Petition GRANTED.
Nov 25, 2013
SET FOR ARGUMENT ON Tuesday, March 4, 2014
Dec 17, 2013
Record received from U.S.C.A. 6th Circuit, the record is electronic.
Dec 30, 2013
Joint appendix filed. (Statement of costs filed)
Dec 30, 2013
Brief of petitioners Officer Vance Plumhoff, et al. filed.
Dec 31, 2013
Record received from U.S.D.C. Western District of Tennessee Western Division. (1 Box)
Jan 6, 2014
Brief amicus curiae of the United States filed.
Jan 6, 2014
Brief amici curiae of Ohio and 21 Other States filed.
Jan 6, 2014
Brief amici curiae of National Conference of State Legislatures, et al. filed. (Distributed)
Jan 7, 2014
Record received from U.S.D.C. Western District of Tennessee (Memphis)
Jan 9, 2014
CIRCULATED
Jan 29, 2014
Brief of respondent 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 filed. (Distributed)
Jan 31, 2014
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Feb 4, 2014
Brief amicus curiae of Professor Jonathan R. Nash filed. (Distributed).
Feb 5, 2014
Brief amicus curiae of National Association of Criminal Defense Lawyers filed. (Distributed)
Feb 5, 2014
Brief amici curiae of National Police Accountability Project, et al. filed. (Distributed)
Feb 20, 2014
Reply of petitioners Officer Vance Plumhoff, et al. filed. (Distributed)
Feb 21, 2014
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Mar 4, 2014
Argued. For petitioners: Michael Mosley, North Little Rock, Ark.; and John F. Bash, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: Gary K. Smith, Memphis, Tenn.
May 27, 2014
Judgment REVERSED and case REMANDED. Alito, J., delivered the opinion of the Court, in which Roberts, C. J., and Scalia, Kennedy, Thomas, Sotomayor, and Kagan, JJ., joined, in which Ginsburg, J., joined as to the judgment and Parts I, II, and III-C, and in which Breyer, J., joined except as to Part III-B-2.
Jun 30, 2014
JUDGMENT ISSUED.
Jul 2, 2014
Record Returned for U.S.D.C. Western District of Tennessee.

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