2004 Term Per Curiam Opinions of The Supreme Court of The United States - Brosseau V. Haugen

Decided December 14, 2004

Ninth Circuit Court of Appeals reversed and remanded

The Court of Appeals ruled that an officer who had shot an individual fleeing in an automobile was not entitled to qualified immunity from the individual's section 1983 claim for violating his Fourth Amendment rights. The Supreme Court reversed, ruling that the officer was entitled to qualified immunity because Court precedent did not clearly establish that his conduct was in violation of the Constitution.

Justice Breyer, joined by Justices Scalia and Ginsburg, filed a concurring opinion that urged the Court to adopt a rigid rule in which courts decided the constitutional question prior to deciding the issue of immunity.

Justice Stevens dissented, arguing that the officer's conduct was objectively unreasonable because deadly force should not have been used to prevent the suspect's escape. He also believed that the immunity issue should have been decided by a jury, and that the Court should have held full briefing and argument on the case.