Brosseau v. Haugen

Media Items
Case Basics
Docket No.: 
03-1261
Petitioner: 
Brosseau
Respondent: 
Haugen
Opinion: 
543 U.S. 194 (2004)

Cite this page
The Oyez Project, Brosseau v. Haugen , 543 U.S. 194 (2004)
available at: (http://oyez.org/cases/2000-2009/2004/2004_03_1261)
Facts of the Case: 

Brosseau, a police officer in Washington state, shot Haugen in the back as he tried to flee in his vehicle from the police. Haugen sued Brosseau in federal district court, alleging Brosseau used excessive force in shooting him and violated his constitutional rights. The district court ruled for Brosseau, finding she was entitled to qualified immunity. The Ninth Circuit reversed.

Question: 

Was a police officer who shot a fleeing suspect entitled to qualified immunity?

Conclusion: 

Yes. In an 8-1 per curiam decision, the Court held that Brosseau was entitled to qualified immunity because the Court's previous cases did not clearly establish that shooting the fleeing Hogan would have violated his constitutional rights.

Decisions

Decision: 8 votes for Brosseau, 1 vote(s) against
Legal provision:

Sort by Ideology

Voted with the majority
Rehnquist
Wrote a dissent
Stevens
Voted with the majority
O'Connor
Voted with the majority, joined Breyer's concurrence
Scalia
Voted with the majority
Kennedy
Voted with the majority
Souter
Voted with the majority
Thomas
Voted with the majority, joined Breyer's concurrence
Ginsburg
Wrote a regular concurrence
Breyer

Per Curiam without Argument