Plumhoff v. Rickard

572 U.S. 765, 24 Fla. L. Weekly Fed. S 790, 188 L. Ed. 2d 1056, 134 S. Ct. 2012, 82 U.S.L.W. 4394, 2014 U.S. LEXIS 3816, 2014 WL 2178335
Supreme Court of the United States·Decided May 27, 2014·No. 12–1117.·Published·Cited by 1,664 cases

Opinion

Justice ALITO delivered the opinion of the Court. *

*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, 551 U.S. 537 , 543, n. 2, 127 S.Ct. 2588 , 168 L.Ed.2d 389 (2007). Near midnight on July 18, 2004, Lieutenant Joseph Forthman of the West Memphis, Arkansas, Police Department pulled over a white Honda Accord because the car had only one operating headlight. Donald Rickard was the driver of the Accord, and Kelly Allen was in the passenger seat. Forthman noticed an indentation, " 'roughly the size of a head or a basketball' " in the windshield of the car. Estate of Allen v. West Memphis, 2011 WL 197426 , *1 (W.D.Tenn., Jan. 20, 2011). He asked Rickard *769 if he had been drinking, and Rickard responded that he had not. Because Rickard failed to produce his driver's license upon request and appeared nervous, Forthman asked him to step out of the car. Rather than comply with Forthman's request, Rickard sped away.

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. 2011 WL 197426 , at *3. As a result of that contact, Rickard's car spun out into a parking lot and collided with Plumhoff's cruiser. Now in danger of being cornered, Rickard put his car into reverse "in an attempt to escape." Ibid . As he did so, Evans and Plumhoff got out of their cruisers and approached Rickard's car, and Evans, gun in hand, pounded on the *770 passenger-side window. At that point, Rickard's car "made contact with" yet another police cruiser. Ibid. Rickard's tires started spinning, and his car "was rocking back and forth," ibid., indicating that Rickard was using the accelerator even though his bumper was flush against a police cruiser. At that point, Plumhoff fired three shots into Rickard's car. Rickard then "reversed in a 180 degree arc" and "maneuvered onto" another street, forcing Ellis to "step to his right to avoid the vehicle." *2018 Ibid . As Rickard continued "fleeing down" that street, ibid., Gardner and Galtelli fired 12 shots toward Rickard's car, bringing the total number of shots fired during this incident to 15. Rickard then lost control of the car and crashed into a building. Ibid . Rickard and Allen both died from some combination of gunshot wounds and injuries suffered in the crash that ended the chase. See App. 60, 76.

B

Respondent, Rickard's surviving daughter, filed this action under Rev. Stat. § 1979, 42 U.S.C. § 1983 , against the six individual police officers and the mayor and chief of police of West Memphis. She alleged that the officers used excessive force in violation of the Fourth and Fourteenth Amendments.

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, 515 U.S. 304 , 309, 115 S.Ct. 2151 , 132 L.Ed.2d 238 (1995). Later, however, that panel granted rehearing, vacated its dismissal order, and left the jurisdictional issue to be decided by a merits panel.

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Plumhoff v. Rickard, 572 U.S. 765, 24 Fla. L. Weekly Fed. S 790, 188 L. Ed. 2d 1056, 134 S. Ct. 2012, 82 U.S.L.W. 4394, 2014 U.S. LEXIS 3816, 2014 WL 2178335 (2014).

572 U.S. 765 (Plumhoff v. Rickard) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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