By an 8-1 Majority SCOTUS Votes in Favor of Police in High Speed Chases
WASHINGTON — The Supreme Court on Monday gave police officers protection from lawsuits that result from high-speed car chases, ruling against a Georgia teenager who was paralyzed after his car was run off the road.In a case that turned on a video of the chase in suburban Atlanta, Justice Antonin Scalia said law enforcement officers do not have to call off pursuit of a fleeing motorist when they reasonably expect that other people could be hurt.
Rather, officers can take measures to stop the car without putting themselves at risk of civil rights lawsuits.
“A police officer’s attempt to terminate a dangerous high-speed car chase that threatens the lives of innocent bystanders does not violate the Fourth Amendment, even when it places the fleeing motorist at risk of serious injury or death,” Scalia said.
The court sided 8-1 with former Coweta County sheriff’s deputy Timothy Scott, who rammed a fleeing black Cadillac on a two-lane, rain-slicked road in March 2001.
Victor Harris, the 19-year-old driver of the Cadillac, lost control and his car ended up at the bottom of an embankment. The nighttime chase took place at roughly 90 miles an hour.
Harris, paralyzed, sued Scott.
Lower federal courts ruled the lawsuit could proceed, but the Supreme Court said Monday that it could not. Justice John Paul Stevens dissented.
In an unusual move, the court posted the dramatic video on its Web site.
Scalia described a “Hollywood-style car chase of the most frightening sort, placing police officers and innocent bystanders alike at great risk of serious injury.”
A vote of 8-1 is not even close and I’m glad to see the officers get some protection from lawsuits that could ruin them financially.
Now if they’d just rule in favor of those Border Patrol agents who have been sent to jail by an over-eager prosecutor…
Written by ~J~
Sue Says:
April 30th, 2007 at 11:33 pmVisit Sue
I am pleased to see that the USSC took up this case. It could have lingered in the lower courts for years with appeals for either side and Deputy Scott may have been financially ruined just in legal fees.