Kudos to The Supreme Court

Warron

Member
Why should they be any different then anyone else when they do something stupid, negligent, or criminal?
 

ylexot

Super Genius
Warron said:
Why should they be any different then anyone else when they do something stupid, negligent, or criminal?
What did the cops do that was stupid, negligent, or criminal?
 

pingrr

Well-Known Member
So what hapens if a cop car sides off the road in a high speed chase and injures an inocent bystander. Are they still imune to being sued. Or does this ruling only apply to the person being chased?
 

aps45819

24/7 Single Dad
ylexot said:
I'm surprised that anyone thinks it would be ok to sue the cops...
Facts of the Case

After a police officer attempted to pull him over for speeding, Victor Harris fled in his vehicle, initiating a high-speed car chase. Attempting to end the chase, Deputy Timothy Scott rammed Harris's vehicle with his police cruiser. Harris crashed and was rendered a quadriplegic. Harris sued Scott in federal District Court, alleging that Scott had violated his Fourth Amendment rights by using excessive force. Scott claimed qualified immunity as a government official acting in his official capacity, but the District Court rejected the claim. The U.S. Court of Appeals for the Eleventh Circuit affirmed.

In order to show that a government official is not entitled to qualified immunity, a plaintiff is required to prove that the official violated a clearly established constitutional right. The Eleventh Circuit ruled that Scott's actions constituted an unreasonable seizure in violation of the Fourth Amendment. Because there was no imminent threat - Harris remained in control of his vehicle and the roads were relatively empty - Scott's use of deadly force was unconstitutional. Although no Appellate Court had ruled on the specific question of the use of deadly force in a high-speed chase, the Eleventh Circuit ruled that the limits on deadly force were "clearly established."
 

awpitt

Main Streeter
pingrr said:
So what hapens if a cop car sides off the road in a high speed chase and injures an inocent bystander. Are they still imune to being sued. Or does this ruling only apply to the person being chased?


The person being chased instigated the how situation so that would be treated differently than if an innocent bystander was hit.

Supreme Court got it right.<?xml:namespace prefix = o ns = "urn:schemas-microsoft-com:eek:ffice:eek:ffice" /><o:p></o:p>
 

Lenny

Lovin' being Texican
mv_princess said:
You should be -1. Since one of the judges didn't see where the kid was in the wrong. Since there was no one else on the roads.

But who was the dissenting judge? The article suggests it was Stevens but doesn't come out an say sy.
 

itsbob

I bowl overhand
Warron said:
Why should they be any different then anyone else when they do something stupid, negligent, or criminal?
Like chasing a CRIMINAL.. that did something illegal to cuase them to pursue??

Or like taking him out before he killed someone else, like the CRIMINAL did here last year??

They deserve a medal and a raise for what they did, not lawyers fees, and financial ruin.

Hopefully this will (almost) automatically overturn a crapload of lawsuits that are out there now.. (didn't MD just settle one with a family for a CRIMINAL that was running killed someone else, and of course the cops that WEREN'T pursuing were still found at fault, and the state settled for something like 1.5M)

Friggin ridiculous.. You run in an auto where you put other people at risk, they should be allowed to riddle your car with bullets until it stops... Just think there would have been one dead CRIMINAL here last year, and two VOLUNTEER ambulance attendants and their patient would still be alive!
 

itsbob

I bowl overhand
pingrr said:
So what hapens if a cop car sides off the road in a high speed chase and injures an inocent bystander. Are they still imune to being sued. Or does this ruling only apply to the person being chased?
No, then the person being chased (committing a felony) should be charged with murder.
 
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