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Plumhoff v. Rickard

U.S. Supreme Court
May 27, 2014
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Smart Summary (Beta)

Officer Vance Plumhoff, et al. v. Whitne Rickard

Factual and Procedural Background

Near midnight on July 18, 2004, Lieutenant Joseph Forthman of the West Memphis, Arkansas, Police Department stopped a white Honda Accord because it had only one working headlight. Donald Rickard was driving, with Kelly Allen in the passenger seat. Forthman observed a large indentation in the windshield, roughly the size of a head or basketball, and glass shavings on the dashboard, suggesting the windshield had been recently broken. Another officer later testified that these facts could justify suspicion that the vehicle had struck a pedestrian. Forthman also saw beer in the car. Rickard appeared nervous and could not produce a driver’s license. When Forthman asked him to step out of the car, Rickard instead sped away.

Forthman pursued Rickard and was joined by five other officers—Sergeant Vance Plumhoff and Officers Jimmy Evans, Lance Ellis, Troy Galtelli, and John Gardner—in police cruisers. They chased Rickard eastbound on Interstate 40 toward Memphis, Tennessee, attempting unsuccessfully to stop him using a “rolling roadblock.” The cars swerved through traffic at speeds over 100 miles per hour, passing more than two dozen other vehicles, several of which were forced to alter course.

After exiting I–40 in Memphis, Rickard made a quick right turn, causing contact with Officer Evans’ cruiser. Rickard’s car spun into a parking lot and collided with Plumhoff’s cruiser. As Rickard appeared in danger of being boxed in, he put the car in reverse “in an attempt to escape.” Evans and Plumhoff exited their cruisers and approached Rickard’s car; Evans, with gun in hand, pounded on the passenger-side window. Rickard’s car then made contact with another police cruiser. His tires spun and the car rocked back and forth, showing that he was pushing the accelerator even though his bumper was flush against a police car. At that point, Plumhoff fired three shots into the car.

Rickard then reversed in a 180-degree arc and maneuvered onto another street, forcing Officer Ellis to step aside to avoid being hit. As Rickard continued fleeing down that street, Officers Gardner and Galtelli fired 12 more shots toward the car. In total, 15 shots were fired over approximately 10 seconds. Rickard then lost control and crashed into a building. Both Rickard and Allen died from some combination of gunshot wounds and injuries from the crash.

Rickard’s surviving minor daughter, Whitne Rickard, brought a civil action under Rev. Stat. § 1979, 42 U.S.C. § 1983, against the six officers and the mayor and police chief of West Memphis, alleging that the officers used excessive force in violation of the Fourth and Fourteenth Amendments.

The officers moved for summary judgment on the basis of qualified immunity. The United States District Court denied the motion, holding that the officers’ conduct violated the Fourth Amendment and contravened clearly established law at the time of the incident. The officers appealed. A Sixth Circuit motions panel initially dismissed the appeal for lack of jurisdiction under this Court’s decision in Johnson v. Jones, but later granted rehearing, vacated the dismissal, and left the jurisdictional issue for a merits panel.

The Sixth Circuit merits panel held that appellate jurisdiction existed, but concluded that the officers’ conduct violated the Fourth Amendment and affirmed the District Court’s denial of summary judgment. Although its opinion did not expressly analyze whether the law was clearly established, the panel necessarily resolved that question against the officers in affirming the denial of qualified immunity. The Supreme Court granted certiorari.

Legal Issues Presented

  1. Whether the United States Court of Appeals for the Sixth Circuit properly exercised appellate jurisdiction under 28 U.S.C. § 1291 to review the District Court’s interlocutory order denying the officers’ motion for summary judgment based on qualified immunity.
  2. Whether the officers’ use of deadly force—firing 15 shots at a fleeing vehicle during a dangerous high-speed chase—violated the Fourth Amendment’s prohibition on unreasonable seizures.
  3. Even if the officers’ conduct violated the Fourth Amendment, whether, at the time of the incident, any statutory or constitutional right allegedly violated was “clearly established” such that the officers were not entitled to qualified immunity.

Arguments of the Parties

Petitioners' Arguments (Officers)

  • The officers asserted that their conduct did not violate Rickard’s Fourth Amendment rights. They argued that, given the dangerous, high-speed nature of the chase and the risk to officers and other motorists, the use of deadly force to terminate the pursuit was objectively reasonable.
  • They further contended that, in any event, their actions did not violate any clearly established Fourth Amendment rule at the time of the events, and thus they were entitled to qualified immunity.
  • In the lower courts, petitioners emphasized that “if lethal force is justified, officers are taught to keep shooting until the threat is over,” supporting their position that firing 15 shots did not render the force unreasonable so long as the threat persisted.

Respondent's Arguments (Whitne Rickard)

  • On jurisdiction, respondent argued that this Court’s decision in Johnson v. Jones foreclosed appellate jurisdiction over the officers’ interlocutory appeal, because the District Court’s denial of summary judgment allegedly rested on factual determinations rather than purely legal questions.
  • On the merits, respondent advanced two principal Fourth Amendment arguments: (1) that the officers were not permitted to use deadly force to terminate the car chase under the circumstances, and (2) that even if some use of deadly force was permissible, the “degree of force was excessive,” because the officers fired too many shots.
  • Respondent also relied in part on the presence of passenger Kelly Allen in the car, contending that this factor supported a conclusion that the amount of force used was unreasonable.

Table of Precedents Cited

Precedent Rule or Principle Cited For Application by the Court
Wilkie v. Robbins, 551 U.S. 537 (2007) On review of summary judgment, facts are viewed in the light most favorable to the nonmoving party. The Court stated that, because the case arose from a denial of summary judgment, it would view the facts in the light most favorable to respondent, Rickard’s daughter, citing this decision.
Estate of Allen v. West Memphis, 2011 WL 197426 (W.D. Tenn. 2011) District Court’s factual description of the traffic stop, chase, and shooting; and its reasoning on the Fourth Amendment issue. The Court relied on the District Court’s opinion for detailed factual descriptions (e.g., windshield damage, glass shavings, details of the chase and collisions) and noted that the District Court’s reasoning—that danger from a chase cannot justify deadly force because officers chose to continue the chase—was irreconcilable with Scott v. Harris.
Johnson v. Jones, 515 U.S. 304 (1995) Orders denying summary judgment based solely on “evidence sufficiency” determinations (which facts a party may be able to prove at trial) are not immediately appealable under § 1291, even when qualified immunity is asserted. The Court distinguished the present case from Johnson, explaining that the District Court in Johnson had simply found the evidence sufficient to go to trial, whereas here the officers raised legal questions regarding whether their conduct violated the Fourth Amendment and clearly established law. Accordingly, Johnson did not bar appellate jurisdiction.
Scott v. Harris, 550 U.S. 372 (2007) “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.” Also noted as a case where appellate jurisdiction under § 1291 was exercised over an interlocutory qualified immunity appeal. The Court treated the District Court’s order as materially indistinguishable from the order in Scott for jurisdictional purposes and thus upheld appellate jurisdiction. Substantively, it analogized Rickard’s reckless high-speed flight to the chase in Scott and held that, under that precedent, the officers acted reasonably in using deadly force to terminate the grave public-safety risk.
Mitchell v. Forsyth, 472 U.S. 511 (1985) Pretrial orders denying qualified immunity fall within the collateral-order doctrine and are generally immediately appealable because qualified immunity is “an immunity from suit rather than a mere defense to liability.” The Court cited Mitchell (together with other cases) to support the conclusion that orders denying qualified immunity are “final” for purposes of § 1291 and subject to interlocutory appeal.
Pearson v. Callahan, 555 U.S. 223 (2009) Qualified immunity is an “immunity from suit”; and courts have discretion whether to follow the two-step sequence from Saucier. The Saucier procedure is “often beneficial” because it promotes development of constitutional precedent. The Court used Pearson to reaffirm that orders denying qualified immunity are generally appealable and to explain that it had discretion whether to decide first whether a constitutional violation occurred or whether the law was clearly established. It elected to begin with the Fourth Amendment question because doing so would be “beneficial” in developing constitutional precedent.
Ashcroft v. Iqbal, 556 U.S. 662 (2009) Pretrial orders denying qualified immunity generally fall within the collateral order doctrine because they conclusively determine immunity from suit, which cannot be effectively reviewed after final judgment. The Court cited Iqbal in explaining why denials of qualified immunity are immediately appealable: such orders resolve an important issue separate from the merits and would be unreviewable once the defendant has endured trial.
Saucier v. Katz, 533 U.S. 194 (2001) Originally required courts addressing qualified immunity to first decide whether the facts alleged constitute a constitutional violation before asking whether the right was clearly established. The Court described Saucier’s two-step framework and noted that, although later made non-mandatory by Pearson, its sequence could still be followed where useful. The Court framed petitioners’ arguments in Saucier’s terms.
Graham v. Connor, 490 U.S. 386 (1989) Excessive force claims in the context of an arrest or seizure are governed by the Fourth Amendment’s “reasonableness” standard, requiring a careful balancing of the intrusion on the individual’s interests against the countervailing governmental interests and analysis of the totality of the circumstances from the perspective of a reasonable officer on the scene, without 20/20 hindsight. The Court applied Graham to hold that respondent’s excessive-force claim must be judged by objective reasonableness, considering all the circumstances of the chase and shooting as seen by reasonable officers forced to make split-second decisions in tense and rapidly evolving conditions.
Tennessee v. Garner, 471 U.S. 1 (1985) Cited along with Graham as a leading Fourth Amendment case, but described in Brosseau as “cast at a high level of generality” in the context of clearly established law. The Court referenced Garner as part of the general Fourth Amendment excessive-force framework and later, through Brosseau, noted that such generally cast precedents did not clearly establish that the officers’ conduct here was unreasonable.
Ashcroft v. al-Kidd, 563 U.S. ––––, 131 S. Ct. 2074 (2011) A right is clearly established only if its contours are sufficiently definite that any reasonable official would understand that he is violating it; existing precedent must place the question “beyond debate,” and clearly established law should not be defined at a high level of generality. Also articulates the need for “controlling authority” or a “robust consensus of cases of persuasive authority.” The Court used al-Kidd to define the “clearly established” standard for qualified immunity, emphasizing that generalized statements in prior cases are insufficient and that respondent had to identify either controlling authority or a robust consensus of cases between 1999 and 2004 establishing that the officers’ conduct was unconstitutional. It found that respondent had not done so.
Brosseau v. Haugen, 543 U.S. 194 (2004) Held that, as of February 21, 1999, it was not clearly established that it was unconstitutional for an officer to shoot a fleeing driver to prevent possible harm to nearby officers, occupied vehicles, or other citizens; cases involving vehicular flight are highly fact-dependent, and Garner and Graham did not clearly establish the unreasonableness of such conduct. The Court treated Brosseau as squarely demonstrating that no clearly established law prohibited the officers’ conduct here at the time of the 2004 incident. It noted that the facts of this case were if anything more favorable to the officers than those in Brosseau, and concluded that respondent could neither meaningfully distinguish Brosseau nor identify intervening authority that would have altered the qualified-immunity analysis.
Alderman v. United States, 394 U.S. 165 (1969) Fourth Amendment rights are personal and may not be asserted vicariously. The Court invoked Alderman to explain that the relevant question was whether petitioners violated Rickard’s Fourth Amendment rights, not those of passenger Allen. Allen’s presence in the car could not enhance Rickard’s rights.
Rakas v. Illinois, 439 U.S. 128 (1978) Further authority for the principle that Fourth Amendment rights are personal and not subject to vicarious assertion. Cited alongside Alderman to reinforce that Rickard could not rely on Allen’s presence in the vehicle to expand his own Fourth Amendment protections.
County of Sacramento v. Lewis, 523 U.S. 833 (1998) Held that a passenger killed as a result of a police chase could recover under a substantive due process theory only if the officer had “a purpose to cause harm unrelated to the legitimate object of arrest.” In a footnote discussing possible claims by passengers like Allen, the Court cited Lewis to note the standard for substantive due process recovery in police-chase fatalities, while expressly declining to resolve whether a passenger could recover under a Fourth Amendment theory on these facts.
Vaughan v. Cox, 343 F.3d 1323 (11th Cir. 2003) Recognized the possibility of a passenger’s Fourth Amendment claim in a police shooting of a fleeing vehicle, and found a potential constitutional violation where the suspect’s driving—accelerating to 80–85 mph in a 70-mph zone without evasive maneuvers—was significantly less dangerous than in this case. The Court cited Vaughan both as an example of a lower court suggesting a passenger might recover under a Fourth Amendment theory and, later, as the only post-1999 decision relied on by the District Court that found a possible violation in a vehicular-flight shooting. It distinguished Vaughan on its facts, noting that the risk posed there was much less severe than Rickard’s conduct.
Fisher v. Memphis, 234 F.3d 312 (6th Cir. 2000) Cited as a lower-court decision suggesting that a passenger in circumstances similar to Allen’s may have a Fourth Amendment claim. Referenced in a footnote as part of a survey of lower-court disagreement over whether passengers like Allen can recover under the Fourth Amendment. The Court expressly declined to take a position on that question.
Milstead v. Kibler, 243 F.3d 157 (4th Cir. 2001) Cited as a lower-court decision suggesting that a passenger in Allen’s situation may not recover under a Fourth Amendment theory. Also cited in the same footnote as evidence of disagreement among lower courts over passengers’ Fourth Amendment rights in police-chase or shooting situations.
Landol–Rivera v. Cruz Cosme, 906 F.2d 791 (1st Cir. 1990) Another lower-court decision suggesting that a passenger may not recover under a Fourth Amendment theory in similar circumstances. Included in the Court’s footnote listing of cases reflecting disagreement among the circuits on whether passengers like Allen can assert Fourth Amendment claims, while the Court left that issue unresolved.
Wilson v. Layne, 526 U.S. 603 (1999) Describes “controlling authority” and a “robust consensus of cases of persuasive authority” as means of clearly establishing law for qualified immunity purposes. The Court, quoting Wilson through al-Kidd, used this standard to explain that respondent had to show either controlling precedent or a robust consensus between 1999 and 2004 clearly prohibiting the officers’ conduct. It found that no such authority existed.
Estate of Allen v. West Memphis, 509 Fed. Appx. 388 (6th Cir. 2012) Sixth Circuit decision affirming denial of summary judgment to the officers and articulating its approach to interlocutory appeals in light of Scott v. Harris. The Supreme Court summarized this opinion as having asserted limited interlocutory jurisdiction in cases of “blatantly and demonstrably false” factual determinations and as having held that the officers violated the Fourth Amendment. The Court reversed this judgment. It also quoted the record, as cited in this opinion, for the proposition that officers are trained to keep shooting until the threat ends.
Moldowan v. Warren, 578 F.3d 351 (6th Cir. 2009) Interpreted Scott v. Harris as creating an exception allowing interlocutory appeals to challenge “blatantly and demonstrably false” factual determinations. The Court noted that the Sixth Circuit relied on Moldowan to describe an exception to the general prohibition on interlocutory appeals when qualified immunity is denied on the basis of disputed facts, before ultimately exercising jurisdiction in this case.

Court's Reasoning and Analysis

1. Appellate Jurisdiction under 28 U.S.C. § 1291

The Court began by analyzing whether the Sixth Circuit properly exercised jurisdiction under 28 U.S.C. § 1291, which grants courts of appeals jurisdiction over “final decisions” of district courts. Ordinarily, an order denying summary judgment is not a final decision and is not immediately appealable. However, the Court reiterated that this general rule does not apply when the summary judgment motion is based on a claim of qualified immunity, because qualified immunity is an immunity from suit, not merely a defense to liability. Under the collateral-order doctrine, pretrial denials of qualified immunity are generally appealable, as they conclusively determine whether a defendant must stand trial and that right would be irretrievably lost if review were deferred until final judgment.

Respondent contended that Johnson v. Jones barred appellate jurisdiction in this case. The Court rejected that argument by contrasting the nature of the order in Johnson with the District Court’s order here. In Johnson, the denial of summary judgment turned solely on an “evidence sufficiency” question—whether the plaintiff had enough evidence to prove that certain officers were present during an alleged beating. That kind of ruling does not present a distinct legal question suitable for immediate appellate review and overlaps with determinations the trial court may need to make later in the case.

By contrast, the officers in this case did not dispute factual responsibility or shift blame to other officers. Instead, they argued that, accepting the facts in the light most favorable to respondent, their conduct did not violate the Fourth Amendment and, in any event, did not violate clearly established law. Those contentions raised legal questions about the constitutionality of the officers’ actions and the scope of clearly established law, questions “quite different from any purely factual issues” that might arise at trial. Deciding such legal issues is a core function of appellate courts and does not impose the kind of undue burden that concerned the Court in Johnson.

The Court further observed that the District Court’s order here was not materially different from the order at issue in Scott v. Harris, where the Court entertained an interlocutory appeal in a qualified immunity case without expressing doubts about jurisdiction. Following the same approach, the Court held that the Sixth Circuit properly exercised jurisdiction under § 1291 and proceeded to the merits.

2. Fourth Amendment Analysis: Excessive Force

a. Framework Under Graham and Scott

The Court next addressed whether the officers’ conduct violated the Fourth Amendment. It applied the Fourth Amendment “reasonableness” standard articulated in Graham v. Connor and Tennessee v. Garner. Under Graham, evaluating the objective reasonableness of a seizure requires balancing the nature and quality of the intrusion on the individual’s Fourth Amendment interests against the governmental interests at stake, considering the totality of the circumstances. The inquiry must be conducted from the perspective of a reasonable officer on the scene, allowing for the fact that officers often must make split-second judgments in tense, uncertain, and rapidly evolving situations, without the benefit of 20/20 hindsight.

Respondent’s Fourth Amendment challenge had two principal components: (1) that the officers could not lawfully use deadly force to terminate the chase, and (2) that, even if some use of deadly force was permissible, the officers fired too many shots, rendering the degree of force excessive.

b. Use of Deadly Force to End the Chase

To assess whether deadly force was permissible, the Court relied heavily on Scott v. Harris. In Scott, the Court had upheld a police officer’s use of a vehicle maneuver to terminate a high-speed chase, even though it placed the fleeing motorist at risk of serious injury or death. The Court had concluded there that the fleeing driver’s conduct—racing down narrow roads at shockingly high speeds, swerving around numerous cars, crossing double-yellow lines, forcing other motorists onto shoulders, and running red lights—posed an “actual and imminent threat” to pedestrians, other motorists, and the pursuing officers. Based on those facts, the Court held that an officer’s attempt to end such a dangerous chase did not violate the Fourth Amendment.

The Court found no basis for a different conclusion here. The chase in this case lasted over five minutes, reached speeds exceeding 100 miles per hour, and involved passing more than two dozen vehicles, some of which were forced to change course. The Court characterized Rickard’s driving as “outrageously reckless” and as posing a “grave public safety risk.” Although Rickard’s car temporarily came to a near standstill after colliding with police vehicles in the parking lot, the Court emphasized that this did not end the chase. Less than three seconds later, Rickard resumed maneuvering; his front bumper was flush with a police cruiser, his wheels were spinning (showing that he was pressing the accelerator), and he then threw the car into reverse “in an attempt to escape.”

These facts, the Court held, “conclusively” disproved respondent’s claim that the chase had ended when the officers began shooting. At the moment the shots were fired, a reasonable officer could only conclude that Rickard remained intent on fleeing and that, if successful, he would again endanger officers and other motorists. The fact that Rickard managed to drive away even after being shot underscored the ongoing nature of the threat. Given these circumstances, the Court concluded that Rickard’s flight posed a grave risk to public safety and, “as in Scott,” the officers acted reasonably in using deadly force to end that risk.

The Court also noted that the District Court’s contrary reasoning—that the danger of a high-speed chase cannot justify deadly force because it stems from the officers’ decision to pursue—conflicted with Scott, where the Court had rejected the idea that the Constitution requires officers to let fleeing suspects escape whenever they drive so recklessly as to endanger others.

c. Number of Shots Fired and Duration of Force

The Court then addressed respondent’s contention that the number of shots—15 in total—rendered the force excessive even if deadly force was initially justified. The Court reasoned that, if officers are justified in firing at a suspect to end a severe threat to public safety, they are not required to cease firing until the threat has ended. It cited petitioners’ representation, noted in the lower court record, that officers are trained to keep shooting until the threat is over.

Here, all shots were fired within approximately 10 seconds, during which Rickard never abandoned his effort to flee. Even after the volleys, he continued to drive and did not stop until he crashed. The Court suggested that the analysis might differ if officers had initiated a second round of shots after an earlier volley had clearly incapacitated Rickard or after he had clearly surrendered. But those were not the facts presented. Because the threat persisted throughout the brief period in which shots were fired, the Court rejected the argument that firing 15 shots was unreasonable.

d. Effect of the Passenger’s Presence

Respondent relied partly on the presence of passenger Kelly Allen to argue that the degree of force was excessive. The Court concluded that this factor did not alter the Fourth Amendment analysis of Rickard’s rights. Citing Alderman and Rakas, the Court reiterated that Fourth Amendment rights are personal and cannot be asserted vicariously. The sole issue before the Court was whether the officers violated Rickard’s Fourth Amendment rights, not Allen’s.

The Court acknowledged that, in a suit brought on Allen’s behalf under § 1983 or state tort law, the risk to Allen would be centrally relevant. It also noted that lower courts disagree on whether a passenger in Allen’s position may recover under a Fourth Amendment theory, referencing cases that suggest both affirmative and negative answers and pointing to County of Sacramento v. Lewis for the standard governing substantive due process claims. However, the Court expressly declined to resolve those issues. It concluded that Allen’s presence could not enhance Rickard’s Fourth Amendment protections, especially because it was Rickard who had placed Allen in danger by initiating and continuing the flight; allowing his disregard for Allen’s safety to benefit him would be “perverse.”

3. Qualified Immunity

Having held that the officers’ conduct did not violate the Fourth Amendment, the Court nonetheless proceeded, in the alternative, to address qualified immunity. An official sued under § 1983 is entitled to qualified immunity unless it is shown that the official violated a statutory or constitutional right that was clearly established at the time of the challenged conduct. Relying on Ashcroft v. al-Kidd, the Court emphasized that a right is clearly established only if existing precedent has defined the contours of the right with sufficient definiteness that any reasonable official in the defendant’s position would understand that his conduct was unlawful; the question must be “beyond debate.” The Court also reiterated that clearly established law should not be defined at a high level of generality, because doing so would obscure whether the specific conduct at issue was unreasonable in its actual context.

The Court concluded that its earlier decision in Brosseau v. Haugen “squarely demonstrates” that no clearly established law prohibited the officers’ conduct at the time of the events in this case (July 18, 2004). In Brosseau, the Court held that an officer did not violate clearly established law when she shot a fleeing driver to protect nearby officers and civilians. After surveying lower-court cases involving the use of lethal force against fleeing vehicles, the Court had described that area as highly fact-dependent and specifically found that the then-existing cases did not clearly establish that such conduct violated the Fourth Amendment. In reaching that conclusion, Brosseau had noted that Garner and Graham, being cast at a high level of generality, did not clearly establish the unreasonableness of the officer’s decision there.

From Brosseau, the Court drew two key principles. First, as of February 21, 1999 (the date of the events in Brosseau), it was not clearly established that shooting a fleeing driver to protect others was unconstitutional. Second, because later-decided cases cannot give fair notice to an officer at the time of his conduct, only decisions between 1999 and the 2004 incident could potentially alter that landscape.

To overcome qualified immunity, respondent therefore had to show at least one of two things: (1) that the officers’ conduct here was materially different from the conduct in Brosseau in a way that would make it clearly unconstitutional, or (2) that between February 21, 1999, and July 18, 2004, there emerged controlling authority or a robust consensus of persuasive cases clearly establishing that using lethal force to end a high-speed car chase like this one was unlawful.

The Court found that respondent satisfied neither requirement. It observed that some facts in this case were more favorable to the officers than those in Brosseau. In Brosseau, the officer shot a driver who had just begun to flee and had not yet driven dangerously. Here, the officers acted at the end of a long, indisputably dangerous high-speed chase that posed significant risks to officers and civilians alike. Indeed, the Court noted that the lone dissenting Justice in Brosseau had emphasized the absence of an ongoing or prior high-speed chase in that case, underscoring that the present facts, involving such a chase, were at least as supportive of the officers’ actions.

Respondent attempted to distinguish Brosseau on the ground that only one shot was fired there, while 15 shots were fired here. The Court rejected this distinction, reasoning that it was not clearly established at the time that the number of shots, under circumstances like those here, rendered force excessive. As for intervening authority, the Court noted that respondent and the lower courts had identified only one post-1999 decision—Vaughan v. Cox—that found a possible constitutional violation in the shooting of a fleeing driver. But that case involved a much less dangerous driver, who merely accelerated modestly above the speed limit and did not engage in evasive maneuvers, facts the Court deemed to “bear little resemblance” to Rickard’s conduct.

Because respondent could neither meaningfully distinguish Brosseau nor identify controlling or consensus authority between 1999 and 2004 that clearly prohibited the officers’ actions, the Court concluded that, even assuming a Fourth Amendment violation, petitioners were entitled to qualified immunity as a matter of law.

Holding and Implications

Holding: The Supreme Court held that the Sixth Circuit properly exercised appellate jurisdiction under 28 U.S.C. § 1291 to review the interlocutory denial of qualified immunity. On the merits, the Court held that the officers’ use of deadly force to terminate Rickard’s dangerous high-speed flight did not violate the Fourth Amendment. In the alternative, the Court held that, even if a constitutional violation had occurred, the officers were entitled to qualified immunity because their conduct did not violate clearly established law at the time of the incident. Accordingly, the judgment of the Court of Appeals was REVERSED and the case was REMANDED for further proceedings consistent with the Court’s opinion.

Implications: The immediate consequence is that the officers are entitled to summary judgment on respondent’s § 1983 excessive-force claim, subject to any further proceedings consistent with the Supreme Court’s decision. The opinion confirms that, under the Fourth Amendment, officers may use deadly force to end a dangerous high-speed car chase that poses a grave risk to public safety and are not required to cease fire until the threat has clearly ended. It also reinforces that, in the qualified immunity context, clearly established law must be specific to the facts at hand and cannot be derived from general excessive-force principles alone. The Court did not resolve whether passengers like Allen may recover under the Fourth Amendment, noting disagreement among lower courts and leaving that question open. The decision applies existing qualified-immunity and excessive-force doctrine to the facts of a high-speed vehicular chase and does not purport to create a new constitutional standard beyond that application.

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Syllabus



Donald Rickard led police officers on a high-speed car chase that came to a temporary halt when Rickard spun out into a parking lot. Rickard resumed maneuvering his car, and as he continued to use the accelerator even though his bumper was flush against a patrol car, an officer fired three shots into Rickard's car. Rickard managed to drive away, almost hitting an officer in the process. Officers fired 12 more shots as Rickard sped away, striking him and his passenger, both of whom died from some combination of gunshot wounds and injuries suffered when the car eventually crashed.

Respondent, Rickard's minor daughter, filed a 42 U.S.C. § 1983 action, alleging that the officers used excessive force in violation of the Fourth and Fourteenth Amendments. The District Court denied the officers' motion for summary judgment based on qualified immunity, holding that their conduct violated the Fourth Amendment and was contrary to clearly established law at the time in question. After finding that it had appellate jurisdiction, the Sixth Circuit held that the officers' conduct violated the Fourth Amendment. It affirmed the District Court's order, suggesting that it agreed that the officers violated clearly established law.

Held :

1. The Sixth Circuit properly exercised jurisdiction under 28 U.S.C. § 1291, which gives courts of appeals jurisdiction to hear appeals from “final decisions” of the district courts. The general rule that an order denying a summary judgment motion is not a “final decision[n],” and thus not immediately appealable, does not apply when it is based on a qualified immunity claim. Johnson v. Jones, 515 U.S. 304, 311, 115 S.Ct. 2151, 132 L.Ed.2d 238. Respondent argues that Johnson forecloses appellate jurisdiction here, but the order in Johnson was not immediately appealable because it merely decided “a question of ‘evidence sufficiency,’ ” id., at 313, 115 S.Ct. 2151, while here, petitioners' qualified immunity claims raise legal issues quite different from any purely factual issues that might be confronted at trial. Deciding such legal issues is a core responsibility of appellate courts and does not create an undue burden for them. See, e.g., Scott v. Harris, 550 U.S. 372, 127 S.Ct. 1769, 167 L.Ed.2d 686. Pp. 2018 – 2019.

2. The officers' conduct did not violate the Fourth Amendment. Pp. 2020 – 2023.

(a) Addressing this question first will be “beneficial” in “develop[ing] constitutional precedent” in an area that courts typically consider in cases in which the defendant asserts a qualified immunity defense, Pearson v. Callahan, 555 U.S. 223, 236, 129 S.Ct. 808, 172 L.Ed.2d 565. P. 2020.

(b) Respondent's excessive-force argument requires analyzing the totality of the circumstances from the perspective “of a reasonable officer on the scene.” Graham v. Connor, 490 U.S. 386, 396, 109 S.Ct. 1865, 104 L.Ed.2d 443. Respondent contends that the Fourth Amendment did not allow the officers to use deadly force to terminate the chase, and that, even if they were permitted to fire their weapons, they went too far when they fired as many rounds as they did. Pp. 2021 – 2023.

(1) The officers acted reasonably in using deadly force. 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.” Scott, supra, at 385, 127 S.Ct. 1769. Rickard's outrageously reckless driving—which lasted more than five minutes, exceeded 100 miles per hour, and included the passing of more than two dozen other motorists—posed a grave public safety risk, and the record conclusively disproves that the chase was over when Rickard's car came to a temporary standstill and officers began shooting. Under the circumstances when the shots were fired, all that a reasonable officer could have concluded from Rickard's conduct was that he was intent on resuming his flight, which would again pose a threat to others on the road. Pp. 2021 – 2022.

(2) Petitioners did not fire more shots than necessary to end the public safety risk. It makes sense that, if officers are justified in firing at a suspect in order to end a severe threat to public safety, they need not stop shooting until the threat has ended. Here, during the 10–second span when all the shots were fired, Rickard never abandoned his attempt to flee and eventually managed to drive away. A passenger's presence does not bear on whether officers violated Rickard's Fourth Amendment rights, which “are personal rights [that] may not be vicariously asserted.” Alderman v. United States, 394 U.S. 165, 174, 89 S.Ct. 961, 22 L.Ed.2d 176. Pp. 2022 – 2023.

3. Even if the officers' conduct had violated the Fourth Amendment, petitioners would still be entitled to summary judgment based on qualified immunity. An official sued under § 1983 is entitled to qualified immunity unless it is shown that the official violated a statutory or constitutional right that was “ ‘clearly established’ ” at the time of the challenged conduct. Ashcroft v. al–Kidd, 563 U.S. ––––, ––––, 131 S.Ct. 2074.Brosseau v. Haugen, 543 U.S. 194, 201, 125 S.Ct. 596, 160 L.Ed.2d 583, where an officer shot at a fleeing vehicle to prevent possible harm, makes plain that no clearly established law precluded the officer's conduct there. Thus, to prevail, respondent must meaningfully distinguish Brosseau or point to any “controlling authority” or “robust ‘consensus of cases of persuasive authority,’ ” al–Kidd, supra, at ––––, 131 S.Ct. 2074, that emerged between the events there and those here that would alter the qualified-immunity analysis. Respondent has made neither showing. If anything, the facts here are more favorable to the officers than the facts in Brosseau ; and respondent points to no cases that could be said to have clearly established the unconstitutionality of using lethal force to end a high-speed car chase. Pp. 2023 – 2024.

509 Fed.Appx. 388, reversed and remanded.

ALITO, J., delivered the opinion of the Court, in which ROBERTS, C.J., and SCALIA, KENNEDY, THOMAS, SOTOMAYOR, and KAGAN, JJ., joined, in which GINSBURG, J., joined as to the judgment and Parts I, II, and III–C, and in which BREYER, J., joined except as to Part III–B–2.
Michael Mosley, North Little Rock, AR, for Petitioners. John F. Bash, for the United States as amicus curiae, by special leave of the Court, supporting the petitioners.
Gary K. Smith, Memphis, TN, for Respondent Whitne Rickard.
Michael A. Mosley, Counsel of Record, John Wesley Hall, Little Rock, AR, for Petitioners.
Justice ALITO delivered the opinion of the Court.





The courts below denied qualified immunity for police officers who shot the driver of a fleeing vehicle to put an end to a 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 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. 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.

It is also undisputed that Forthman saw glass shavings on the dashboard of Rickard's car, a sign that the windshield had been broken recently; that another officer testified that the windshield indentation and glass shavings would have justified a suspicion “ ‘that someone had possibly been struck by that vehicle, like a pedestrian’ ”; and that Forthman saw beer in Rickard's car. See App. 424–426 (Response to Defendant's Statement of Undisputed Material Facts in No. 2:05–cv–2585 (WD Tenn.), ¶¶ 15–19).

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 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.” 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.

The merits panel then affirmed the District Court's decision on the merits. Estate of Allen v. West Memphis, 509 Fed.Appx. 388 (C.A.6 2012). On the issue of appellate jurisdiction, the merits panel began by stating that a “motion for qualified immunity denied on the basis of a district court's determination that there exists a triable issue of fact generally cannot be appealed on an interlocutory basis.” Id., at 391. But the panel then noted that the Sixth Circuit had previously interpreted our decision in Scott v. Harris, 550 U.S. 372, 127 S.Ct. 1769, 167 L.Ed.2d 686 (2007), as creating an “exception to this rule” under which an immediate appeal may be taken to challenge “ ‘blatantly and demonstrably false’ ” factual determinations. 509 Fed. Appx., at 391 (quoting Moldowan v. Warren, 578 F.3d 351, 370 (C.A.6 2009)). Concluding that none of the District Court's factual determinations ran afoul of that high standard, and distinguishing the facts of this case from those in Scott, the panel held that the officers' conduct violated the Fourth Amendment. 509 Fed.Appx., at 392, and n. 3. The panel said nothing about whether the officers violated clearly established law, but since the panel affirmed the order denying the officers' summary judgment motion, the panel must have decided that issue in respondent's favor.

After expressing some confusion about whether it should dismiss or affirm, the panel wrote that “it would seem that what we are doing is affirming [the District Court's] judgment.” 509 Fed.Appx., at 393.

We granted certiorari. 571 U.S. ––––, 134 S.Ct. 635, 187 L.Ed.2d 415 (2013).

II

We start with the question whether the Court of Appeals properly exercised jurisdiction under 28 U.S.C. § 1291, which gives the courts of appeals jurisdiction to hear appeals from “final decisions” of the district courts.

An order denying a motion for summary judgment is generally not a final decision within the meaning of § 1291 and is thus generally not immediately appealable. Johnson, 515 U.S., at 309, 115 S.Ct. 2151. But that general rule does not apply when the summary judgment motion is based on a claim of qualified immunity. Id., at 311, 115 S.Ct. 2151;Mitchell v. Forsyth, 472 U.S. 511, 528, 105 S.Ct. 2806, 86 L.Ed.2d 411 (1985). “[Q]ualified immunity is ‘an immunity from suit rather than a mere defense to liability.’ ” Pearson v. Callahan, 555 U.S. 223, 231, 129 S.Ct. 808, 172 L.Ed.2d 565 (2009) (quoting Mitchell, supra, at 526, 105 S.Ct. 2806). As a result, pretrial orders denying qualified immunity generally fall within the collateral order doctrine. See Ashcroft v. Iqbal, 556 U.S. 662, 671–672, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009). This is so because such orders conclusively determine whether the defendant is entitled to immunity from suit; this immunity issue is both important and completely separate from the merits of the action, and this question could not be effectively reviewed on appeal from a final judgment because by that time the immunity from standing trial will have been irretrievably lost. See ibid ;Johnson, supra, at 311–312, 115 S.Ct. 2151 (citing Mitchell, supra, at 525–527, 105 S.Ct. 2806).

Respondent argues that our decision in Johnson, forecloses appellate jurisdiction under the circumstances here, but the order from which the appeal was taken in Johnson was quite different from the order in the present case. In Johnson, the plaintiff brought suit against certain police officers who, he alleged, had beaten him. 515 U.S., at 307, 115 S.Ct. 2151. These officers moved for summary judgment, asserting that they were not present at the time of the alleged beating and had nothing to do with it. Id., at 307–308, 115 S.Ct. 2151. The District Court determined, however, that the evidence in the summary judgment record was sufficient to support a contrary finding, and the court therefore denied the officers' motion for summary judgment. Id., at 308, 115 S.Ct. 2151. The officers then appealed, arguing that the District Court had not correctly analyzed the relevant evidence. Ibid.

This Court held that the Johnson order was not immediately appealable because it merely decided “a question of ‘evidence sufficiency,’ i.e., which facts a party may, or may not, be able to prove at trial.” Id., at 313, 115 S.Ct. 2151. The Court noted that an order denying summary judgment based on a determination of “evidence sufficiency” does not present a legal question in the sense in which the term was used in Mitchell, the decision that first held that a pretrial order rejecting a claim of qualified immunity is immediately appealable. Johnson, 515 U.S., at 314, 115 S.Ct. 2151. In addition, the Court observed that a determination of evidence sufficiency is closely related to other determinations that the trial court may be required to make at later stages of the case. Id., at 317, 115 S.Ct. 2151. The Court also noted that appellate courts have “no comparative expertise” over trial courts in making such determinations and that forcing appellate courts to entertain appeals from such orders would impose an undue burden. Id., at 309–310, 316, 115 S.Ct. 2151.

The District Court order in this case is nothing like the order in Johnson. Petitioners do not claim that other officers were responsible for shooting Rickard; rather, they contend that their conduct did not violate the Fourth Amendment and, in any event, did not violate clearly established law. Thus, they raise legal issues; these issues are quite different from any purely factual issues that the trial court might confront if the case were tried; deciding legal issues of this sort is a core responsibility of appellate courts, and requiring appellate courts to decide such issues is not an undue burden.

The District Court order here is not materially distinguishable from the District Court order in Scott v. Harris, and in that case we expressed no doubts about the jurisdiction of the Court of Appeals under § 1291. Accordingly, here, as in Scott, we hold that the Court of Appeals properly exercised jurisdiction, and we therefore turn to the merits.

III A

Petitioners contend that the decision of the Court of Appeals is wrong for two separate reasons. They maintain that they did not violate Rickard's Fourth Amendment rights and that, in any event, their conduct did not violate any Fourth Amendment rule that was clearly established at the time of the events in question. When confronted with such arguments, we held in Saucier v. Katz, 533 U.S. 194, 200, 121 S.Ct. 2151, 150 L.Ed.2d 272 (2001), that “the first inquiry must be whether a constitutional right would have been violated on the facts alleged.” Only after deciding that question, we concluded, may an appellate court turn to the question whether the right at issue was clearly established at the relevant time. Ibid.

We subsequently altered this rigid framework in Pearson, declaring that “Saucier 's procedure should not be regarded as an inflexible requirement.” 555 U.S., at 227, 129 S.Ct. 808. At the same time, however, we noted that the Saucier procedure “is often beneficial” because it “promotes the development of constitutional precedent and is especially valuable with respect to questions that do not frequently arise in cases in which a qualified immunity defense is unavailable.” 555 U.S., at 236, 129 S.Ct. 808.Pearson concluded that courts “have the discretion to decide whether that [Saucier ] procedure is worthwhile in particular cases.” Id., at 242, 129 S.Ct. 808.

Heeding our guidance in Pearson, we begin in this case with the question whether the officers' conduct violated the Fourth Amendment. This approach, we believe, will be “beneficial” in “develop[ing] constitutional precedent” in an area that courts typically consider in cases in which the defendant asserts a qualified immunity defense. See Pearson, supra, at 236, 129 S.Ct. 808.

B

A claim that law-enforcement officers used excessive force to effect a seizure is governed by the Fourth Amendment's “reasonableness” standard. See Graham v. Connor, 490 U.S. 386, 109 S.Ct. 1865, 104 L.Ed.2d 443 (1989); Tennessee v. Garner, 471 U.S. 1, 105 S.Ct. 1694, 85 L.Ed.2d 1 (1985). In Graham, we held that determining the objective reasonableness of a particular seizure under the Fourth Amendment “requires a careful balancing of the nature and quality of the intrusion on the individual's Fourth Amendment interests against the countervailing governmental interests at stake.” 490 U.S., at 396, 109 S.Ct. 1865 (internal quotation marks omitted). The inquiry requires analyzing the totality of the circumstances. See ibid.

We analyze this question from the perspective “of a reasonable officer on the scene, rather than with the 20/20 vision of hindsight.” Ibid. We thus “allo[w] for the fact that police officers are often forced to make split-second judgments—in circumstances that are tense, uncertain, and rapidly evolving—about the amount of force that is necessary in a particular situation.” Id., at 396–397, 109 S.Ct. 1865.

In this case, respondent advances two main Fourth Amendment arguments. First, she contends that the Fourth Amendment did not allow petitioners to use deadly force to terminate the chase. See Brief for Respondent 24–35. Second, she argues that the “degree of force was excessive,” that is, that even if the officers were permitted to fire their weapons, they went too far when they fired as many rounds as they did. See id., at 36–38, 109 S.Ct. 1865. We address each issue in turn.

1

In Scott, we considered a claim that a police officer violated the Fourth Amendment when he terminated a high-speed car chase by using a technique that placed a “fleeing motorist at risk of serious injury or death.” 550 U.S., at 386, 127 S.Ct. 1769. The record in that case contained a videotape of the chase, and we found that the events recorded on the tape justified the officer's conduct. We wrote as follows: “Although there is no obvious way to quantify the risks on either side, it is clear from the videotape that respondent posed an actual and imminent threat to the lives of any pedestrians who might have been present, to other civilian motorists, and to the officers involved in the chase.” Id., at 383–384, 127 S.Ct. 1769. We also wrote:

“[R]espondent's vehicle rac[ed] down narrow, two-lane roads in the dead of night at speeds that are shockingly fast. We see it swerve around more than a dozen other cars, cross the double-yellow line, and force cars traveling in both directions to their respective shoulders to avoid being hit. We see it run multiple red lights and travel for considerable periods of time in the occasional center left-turn-only lane, chased by numerous police cars forced to engage in the same hazardous maneuvers just to keep up.” Id., at 379–380, 127 S.Ct. 1769 (footnote omitted).

In light of those facts, “we [thought] it [was] quite clear that [the police officer] did not violate the Fourth Amendment.” Id., at 381, 127 S.Ct. 1769. We held that 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.” Id., at 386, 127 S.Ct. 1769.

In holding that petitioners' conduct violated the Fourth Amendment, the District Court relied on reasoning that is irreconcilable with our decision in Scott. The District Court held that the danger presented by a high-speed chase cannot justify the use of deadly force because that danger was caused by the officers' decision to continue the chase. Estate of Allen v. West Memphis, 2011 WL 197426, at *8 (W.D.Tenn., Jan. 20, 2011). In Scott, however, we declined to “lay down a rule requiring the police to allow fleeing suspects to get away whenever they drive so recklessly that they put other people's lives in danger,” concluding that the Constitution “assuredly does not impose this invitation to impunity-earned-by-recklessness.” 550 U.S., at 385–386, 127 S.Ct. 1769.

We see no basis for reaching a different conclusion here. As we have explained supra, at ––––, the chase in this case exceeded 100 miles per hour and lasted over five minutes. During that chase, Rickard passed more than two dozen other vehicles, several of which were forced to alter course. Rickard's outrageously reckless driving posed a grave public safety risk. And while it is true that Rickard's car eventually collided with a police car and came temporarily to a near standstill, that did not end the chase. Less than three seconds later, Rickard resumed maneuvering his car. Just before the shots were fired, when the front bumper of his car was flush with that of one of the police cruisers, Rickard was obviously pushing down on the accelerator because the car's wheels were spinning, and then Rickard threw the car into reverse “in an attempt to escape.” Thus, the record conclusively disproves respondent's claim that the chase in the present case was already over when petitioners began shooting. Under the circumstances at the moment when the shots were fired, all that a reasonable police officer could have concluded was that Rickard was intent on resuming his flight and that, if he was allowed to do so, he would once again pose a deadly threat for others on the road. Rickard's conduct even after the shots were fired—as noted, he managed to drive away despite the efforts of the police to block his path—underscores the point.

In light of the circumstances we have discussed, it is beyond serious dispute that Rickard's flight posed a grave public safety risk, and here, as in Scott, the police acted reasonably in using deadly force to end that risk.

2

We now consider respondent's contention that, even if the use of deadly force was permissible, petitioners acted unreasonably in firing a total of 15 shots. We reject that argument. It stands to reason that, if police officers are justified in firing at a suspect in order to end a severe threat to public safety, the officers need not stop shooting until the threat has ended. As petitioners noted below, “if lethal force is justified, officers are taught to keep shooting until the threat is over.” 509 Fed.Appx., at 392.

Here, during the 10–second span when all the shots were fired, Rickard never abandoned his attempt to flee. Indeed, even after all the shots had been fired, he managed to drive away and to continue driving until he crashed. This would be a different case if petitioners had initiated a second round of shots after an initial round had clearly incapacitated Rickard and had ended any threat of continued flight, or if Rickard had clearly given himself up. But that is not what happened.

In arguing that too many shots were fired, respondent relies in part on the presence of Kelly Allen in the front seat of the car, but we do not think that this factor changes the calculus. Our cases make it clear that “Fourth Amendment rights are personal rights which ... may not be vicariously asserted.” Alderman v. United States, 394 U.S. 165, 174, 89 S.Ct. 961, 22 L.Ed.2d 176 (1969); see also Rakas v. Illinois, 439 U.S. 128, 138–143, 99 S.Ct. 421, 58 L.Ed.2d 387 (1978). Thus, the question before us is whether petitioners violated Rickard's Fourth Amendment rights, not Allen's. If a suit were brought on behalf of Allen under either § 1983 or state tort law, the risk to Allen would be of central concern. But Allen's presence in the car cannot enhance Rickard's Fourth Amendment rights. After all, it was Rickard who put Allen in danger by fleeing and refusing to end the chase, and it would be perverse if his disregard for Allen's safety worked to his benefit.

There seems to be some disagreement among lower courts as to whether a passenger in Allen's situation can recover under a Fourth Amendment theory. Compare Vaughan v. Cox, 343 F.3d 1323 (C.A.11 2003) (suggesting yes), and Fisher v. Memphis, 234 F.3d 312 (C.A.6 2000) (same), with Milstead v. Kibler, 243 F.3d 157 (C.A.4 2001) (suggesting no), and Landol–Rivera v. Cruz Cosme, 906 F.2d 791 (C.A.1 1990) (same). We express no view on this question. We also note that in County of Sacramento v. Lewis, 523 U.S. 833, 836, 118 S.Ct. 1708, 140 L.Ed.2d 1043 (1998), the Court held that a passenger killed as a result of a police chase could recover under a substantive due process theory only if the officer had “a purpose to cause harm unrelated to the legitimate object of arrest.”

C

We have held that petitioners' conduct did not violate the Fourth Amendment, but even if that were not the case, petitioners would still be entitled to summary judgment based on qualified immunity.

An official sued under § 1983 is entitled to qualified immunity unless it is shown that the official violated a statutory or constitutional right that was “ ‘clearly established’ ” at the time of the challenged conduct. Ashcroft v. al–Kidd, 563 U.S. ––––, ––––, 131 S.Ct. 2074, 2080, 179 L.Ed.2d 1149 (2011). And a defendant cannot be said to have violated a clearly established right unless the right's contours were sufficiently definite that any reasonable official in the defendant's shoes would have understood that he was violating it. Id., at 2083–2084. In other words, “existing precedent must have placed the statutory or constitutional question” confronted by the official “beyond debate.” Ibid. In addition, “[w]e have repeatedly told courts ... not to define clearly established law at a high level of generality,” id., at 2074, since doing so avoids the crucial question whether the official acted reasonably in the particular circumstances that he or she faced. We think our decision in Brosseau v. Haugen, 543 U.S. 194, 125 S.Ct. 596, 160 L.Ed.2d 583 (2004) ( per curiam ) squarely demonstrates that no clearly established law precluded petitioners' conduct at the time in question. In Brosseau, we held that a police officer did not violate clearly established law when she fired at a fleeing vehicle to prevent possible harm to “other officers on foot who [she] believed were in the immediate area, ... occupied vehicles in [the driver's] path[,] and ... any other citizens who might be in the area.” Id., at 197, 125 S.Ct. 596 (quoting 339 F.3d 857, 865 (C.A.9 2003); internal quotation marks omitted). After surveying lower court decisions regarding the reasonableness of lethal force as a response to vehicular flight, we observed that this is an area “in which the result depends very much on the facts of each case” and that the cases “by no means ‘clearly establish[ed]’ that [the officer's] conduct violated the Fourth Amendment.” 543 U.S., at 201, 125 S.Ct. 596. In reaching that conclusion, we held that Garner and Graham, which are “cast at a high level of generality,” did not clearly establish that the officer's decision was unreasonable. 543 U.S., at 199, 125 S.Ct. 596.

Brosseau makes plain that as of February 21, 1999—the date of the events at issue in that case—it was not clearly established that it was unconstitutional to shoot a fleeing driver to protect those whom his flight might endanger. We did not consider later decided cases because they “could not have given fair notice to [the officer].” Id., at 200, n. 4, 125 S.Ct. 596. To defeat immunity here, then, respondent must show at a minimum either (1) that the officers' conduct in this case was materially different from the conduct in Brosseau or (2) that between February 21, 1999, and July 18, 2004, there emerged either “ ‘controlling authority’ ” or a “robust ‘consensus of cases of persuasive authority,’ ” al-Kidd, supra, at 2084 (quoting Wilson v. Layne, 526 U.S. 603, 617, 119 S.Ct. 1692, 143 L.Ed.2d 818 (1999); some internal quotation marks omitted), that would alter our analysis of the qualified immunity question. Respondent has made neither showing.

To begin, certain facts here are more favorable to the officers. In Brosseau, an officer on foot fired at a driver who had just begun to flee and who had not yet driven his car in a dangerous manner. In contrast, the officers here shot at Rickard to put an end to what had already been a lengthy, high-speed pursuit that indisputably posed a danger both to the officers involved and to any civilians who happened to be nearby. Indeed, the lone dissenting Justice in Brosseau emphasized that in that case, “there was no ongoing or prior high-speed car chase to inform the [constitutional] analysis.” 543 U.S., at 206, n. 4, 125 S.Ct. 596 (opinion of Stevens, J.). Attempting to distinguish Brosseau, respondent focuses on the fact that the officer there fired only 1 shot, whereas here three officers collectively fired 15 shots. But it was certainly not clearly established at the time of the shooting in this case that the number of shots fired, under the circumstances present here, rendered the use of force excessive.

Since respondent cannot meaningfully distinguish Brosseau, her only option is to show that its analysis was out of date by 2004. Yet respondent has not pointed us to any case—let alone a controlling case or a robust consensus of cases—decided between 1999 and 2004 that could be said to have clearly established the unconstitutionality of using lethal force to end a high-speed car chase. And respondent receives no help on this front from the opinions below. The District Court cited only a single case decided between 1999 and 2004 that identified a possible constitutional violation by an officer who shot a fleeing driver, and the facts of that case—where a reasonable jury could have concluded that the suspect merely “accelerated to eighty to eighty-five miles per hour in a seventy-miles-per-hour zone” and did not “engag[e] in any evasive maneuvers,” Vaughan v. Cox, 343 F.3d 1323, 1330–1331 (C.A.11 2003)—bear little resemblance to those here.

* * *

Under the circumstances present in this case, we hold that the Fourth Amendment did not prohibit petitioners from using the deadly force that they employed to terminate the dangerous car chase that Rickard precipitated. In the alternative, we note that petitioners are entitled to qualified immunity for the conduct at issue because they violated no clearly established law.

The judgment of the Court of Appeals is reversed, and the case is remanded for further proceedings consistent with this opinion.

It is so ordered.
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