Wednesday, December 9, 2015

Peace Officer's Qualified Immunity Reinstated by SCOTUS

Assumption that the police officer acted unreasonably is not 'beyond debate.'
 
Mullenix v. Luna, U.S., No 14-1143, cert. granted, reversed 11/9/15, per curiam

    During a late-night high-speed chase, a police officer shot and killed the driver of the escaping vehicle. The driver was shot four times. The police officer, shooting from an overpass, claimed to have been aiming for the engine block of the speeding vehicle.

    The Fifth Circuit Court of Appeals agreed with the district court that the officer's actions were not proper because the threat was not great enough to justify deadly force.

    The Supreme Court held that "whatever can be said of the wisdom of Mullenix's choice, this Court's precedents do not place the conclusion that he acted reasonably in these circumstances 'beyond debate.'"

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