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Abstract

Decision: Monday, December 13, 2004
Issues: Economic Activity, Governmental Liability

Advocates

Not available

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.

Supreme Court Justice Opinions and Votes (by Ideology)

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Decision: 8 votes for Brosseau, 1 vote(s) against
Wrote a dissent
Stevens
Voted with the majority
Souter
Voted with the majority, joined Breyer's concurrence
Ginsburg
Wrote a regular concurrence
Breyer
Voted with the majority
O'Connor
Voted with the majority
Kennedy
Voted with the majority
Rehnquist
Voted with the majority, joined Breyer's concurrence
Scalia
Voted with the majority
Thomas
Per Curiam without Argument

Cite this page

The Oyez Project, Brosseau v. Haugen, 543 U.S. 194 (2004),
available at: <http://www.oyez.org/cases/2000-2009/2004/2004_03_1261/>
(last visited ).