rochelle
brosseau
kenneth
haugen
argued
decided
december
per
curiam
officer
rochelle
brosseau
member
puyallup
washington
police
department
shot
kenneth
haugen
back
attempted
flee
law
enforcement
authorities
vehicle
haugen
subsequently
filed
action
district
western
district
washington
pursuant
rev
stat
alleged
shot
fired
brosseau
constituted
excessive
force
violated
federal
constitutional
district
granted
summary
judgment
brosseau
finding
entitled
qualified
immunity
appeals
ninth
circuit
reversed
following
process
set
saucier
katz
appeals
found
first
brosseau
violated
haugen
fourth
amendment
right
free
excessive
force
second
right
violated
clearly
established
thus
brosseau
entitled
qualified
immunity
brosseau
petitioned
writ
certiorari
requesting
review
appeals
determinations
grant
petition
second
qualified
immunity
question
reverse
material
facts
construed
light
favorable
haugen
day
fracas
glen
tamburello
went
police
station
reported
brosseau
haugen
former
crime
partner
stolen
tools
shop
brosseau
later
learned
felony
warrant
haugen
arrest
drug
offenses
next
morning
haugen
jeep
cherokee
mother
driveway
tamburello
learned
haugen
whereabouts
cohort
matt
atwood
drove
pickup
truck
haugen
mother
house
pay
haugen
visit
fight
ensued
witnessed
neighbor
called
brosseau
heard
report
men
fighting
haugen
mother
yard
responded
arrived
tamburello
atwood
attempting
get
haugen
tamburello
pickup
brosseau
arrival
created
distraction
provided
haugen
opportunity
get
away
haugen
ran
mother
yard
hid
neighborhood
brosseau
requested
assistance
shortly
thereafter
two
officers
arrived
help
track
haugen
search
lasted
minutes
officers
instructed
tamburello
atwood
remain
tamburello
pickup
instructed
deanna
nocera
haugen
girlfriend
also
present
daughter
remain
small
car
daughter
tamburello
pickup
parked
street
front
driveway
nocera
small
car
parked
driveway
front
facing
jeep
jeep
driveway
facing
nocera
car
angled
somewhat
left
jeep
parked
feet
away
nocera
car
feet
away
tamburello
pickup
officer
radioed
street
neighbor
seen
man
backyard
brosseau
ran
direction
haugen
appeared
ran
past
front
mother
house
turned
ran
driveway
brosseau
still
pursuit
jumped
driver
side
jeep
closed
locked
door
brosseau
believed
running
jeep
retrieve
weapon
brosseau
arrived
jeep
pointed
gun
haugen
ordered
get
vehicle
haugen
ignored
command
continued
look
keys
get
jeep
started
brosseau
repeated
commands
hit
driver
side
window
several
times
handgun
failed
deter
haugen
third
fourth
try
window
shattered
brosseau
unsuccessfully
attempted
grab
keys
struck
haugen
head
barrel
butt
gun
haugen
still
undeterred
succeeded
starting
jeep
jeep
started
shortly
began
move
brosseau
jumped
back
left
fired
one
shot
rear
driver
side
window
forward
angle
hitting
haugen
back
later
explained
shot
haugen
officers
foot
believed
immediate
area
occupied
vehicles
haugen
path
citizens
might
area
despite
hit
haugen
words
ood
navigated
tight
avoid
vehicles
swerved
across
neighbor
lawn
continued
street
half
block
haugen
realized
shot
brought
jeep
halt
suffered
collapsed
lung
airlifted
hospital
survived
shooting
subsequently
pleaded
guilty
felony
eluding
rev
code
pleading
admitted
drove
jeep
manner
indicating
wanton
wilful
disregard
lives
others
ibid
subsequently
brought
action
brosseau
confronted
claim
qualified
immunity
must
ask
first
following
question
taken
light
favorable
party
asserting
injury
facts
alleged
show
officer
conduct
violated
constitutional
right
saucier
katz
graham
connor
cases
establish
claims
excessive
force
judged
fourth
amendment
standard
specifically
regard
deadly
force
explained
garner
unreasonable
officer
seize
unarmed
nondangerous
suspect
shooting
dead
officer
probable
cause
believe
suspect
poses
threat
serious
physical
harm
either
officer
others
constitutionally
unreasonable
prevent
escape
using
deadly
force
ibid
express
view
correctness
appeals
decision
constitutional
question
believe
however
question
decided
appeals
wrong
issue
qualified
qualified
immunity
shields
officer
suit
makes
decision
even
constitutionally
deficient
reasonably
misapprehends
law
governing
circumstances
confronted
saucier
katz
qualified
immunity
operates
protect
officers
sometimes
border
excessive
acceptable
focus
whether
officer
fair
notice
conduct
unlawful
reasonableness
judged
backdrop
law
time
conduct
law
time
clearly
establish
officer
conduct
violate
constitution
officer
subject
liability
indeed
even
burdens
litigation
important
emphasize
inquiry
must
undertaken
light
specific
context
case
broad
general
proposition
previously
said
context
doubt
graham
connor
supra
clearly
establishes
general
proposition
use
force
contrary
fourth
amendment
excessive
objective
standards
reasonableness
yet
enough
rather
emphasized
anderson
creighton
right
official
alleged
violated
must
clearly
established
particularized
hence
relevant
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contours
right
must
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official
understand
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determining
whether
right
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established
whether
clear
reasonable
officer
conduct
unlawful
situation
confronted
appeals
acknowledged
statement
law
proceeded
find
fair
warning
general
tests
set
graham
garner
mistaken
graham
garner
following
lead
fourth
amendment
text
cast
high
level
generality
see
graham
connor
supra
test
reasonableness
fourth
amendment
capable
precise
definition
mechanical
course
obvious
case
standards
clearly
establish
answer
even
without
body
relevant
case
law
see
hope
pelzer
noting
case
eighth
amendment
violation
obvious
need
materially
similar
case
right
clearly
established
see
also
pace
capobianco
explaining
fourth
amendment
case
involving
officer
shooting
fleeing
suspect
vehicle
look
decisions
garner
graham
see
tests
guide
us
determining
law
many
different
kinds
circumstances
see
kind
clear
law
clear
answers
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situation
hand
present
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far
obvious
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graham
garner
alone
offer
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decision
therefore
turn
ask
whether
time
brosseau
actions
clearly
established
sense
violating
haugen
fourth
amendment
right
saucier
katz
parties
point
us
handful
cases
relevant
situation
brosseau
confronted
whether
shoot
disturbed
felon
set
avoiding
capture
vehicular
flight
persons
immediate
area
risk
ibid
specifically
brosseau
points
us
cole
bone
smith
freland
cases
courts
found
fourth
amendment
violation
officer
shot
fleeing
suspect
presented
risk
others
cole
bone
supra
holding
officer
probable
cause
believe
truck
posed
imminent
threat
serious
physical
harm
innocent
motorists
well
officers
smith
freland
noting
car
deadly
weapon
holding
officer
decision
stop
car
possibly
injuring
others
reasonable
smith
closer
case
officer
suspect
engaged
car
chase
appeared
end
officer
cornered
suspect
back
residential
street
suspect
however
freed
car
began
speeding
street
point
officer
fired
shot
killed
suspect
held
officer
decision
reasonable
thus
violate
fourth
amendment
noted
suspect
like
haugen
proven
almost
anything
avoid
capture
posed
major
threat
among
others
officers
end
street
ibid
haugen
points
us
estate
starks
enyart
found
summary
judgment
inappropriate
fourth
amendment
claim
involving
fleeing
suspect
concluded
threat
created
fleeing
suspect
failure
brake
officer
suddenly
stepped
front
car
sufficiently
grave
threat
justify
use
deadly
force
three
cases
taken
together
undoubtedly
show
area
one
result
depends
much
facts
case
none
squarely
governs
case
suggest
brosseau
actions
fell
border
excessive
acceptable
force
saucier
katz
supra
cases
means
clearly
establish
brosseau
conduct
violated
fourth
amendment
judgment
appeals
ninth
circuit
therefore
reversed
case
remanded
proceedings
consistent
opinion
ordered
rochelle
brosseau
kenneth
haugen
petition
writ
certiorari
appeals
ninth
circuit
december
justice
breyer
justice
scalia
justice
ginsburg
join
concurring
join
opinion
write
separately
express
concern
matter
refers
namely
way
lower
courts
required
evaluate
claims
qualified
immunity
decision
saucier
katz
notes
ante
slip
saucier
requires
lower
courts
decide
constitutional
question
prior
deciding
qualified
immunity
question
concerned
current
rule
rigidly
requires
courts
unnecessarily
decide
difficult
constitutional
questions
available
easier
basis
decision
qualified
immunity
satisfactorily
resolve
case
indeed
courts
dockets
crowded
rigid
order
battle
makes
little
administrative
sense
sometimes
lead
constitutional
decision
effectively
insulated
review
see
bunting
mellen
scalia
dissenting
denial
certiorari
reasons
think
reconsider
issue
rochelle
brosseau
kenneth
haugen
petition
writ
certiorari
appeals
ninth
circuit
december
justice
stevens
dissenting
judgment
answer
constitutional
question
presented
case
clear
fourth
amendment
objectively
unreasonable
officer
brosseau
use
deadly
force
kenneth
haugen
attempt
prevent
escape
clear
whether
brosseau
nonetheless
entitled
qualified
immunity
might
apparent
reasonably
well
trained
officer
brosseau
shoes
killing
haugen
prevent
escape
unconstitutional
opinion
question
answered
jury
law
enforcement
officers
never
subject
damages
liability
failing
anticipate
novel
developments
constitutional
law
accordingly
whenever
suit
officer
based
alleged
violation
constitutional
right
clearly
established
qualified
immunity
defense
available
harlow
fitzgerald
prompt
dismissal
actions
protects
officers
unnecessary
litigation
accords
wise
policy
avoiding
unnecessary
adjudication
constitutional
questions
county
sacramento
lewis
stevens
concurring
judgment
however
applicable
constitutional
rule
well
settled
address
constitutional
question
outset
ibid
see
also
siegert
gilley
constitutional
limits
use
deadly
force
clearly
established
almost
two
decades
held
killing
unarmed
burglar
prevent
escape
unconstitutional
seizure
tennessee
garner
considered
rejected
state
contention
fourth
amendment
prohibition
unreasonable
seizures
construed
light
rule
allowed
use
whatever
force
necessary
effectuate
arrest
fleeing
felon
recognized
rule
fashioned
virtually
felonies
punishable
death
long
guns
available
police
noted
modern
police
departments
majority
large
cities
allowed
firing
weapon
felon
presented
threat
death
serious
bodily
harm
concluded
changes
legal
technological
context
made
old
rule
obsolete
unlike
excessive
force
cases
degree
permissible
force
varies
widely
case
case
issue
deadly
force
case
whether
facts
apparent
officer
justify
decision
kill
suspect
order
prevent
escape
garner
stated
governing
rule
use
deadly
force
prevent
escape
felony
suspects
whatever
circumstances
constitutionally
unreasonable
better
felony
suspects
die
escape
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poses
immediate
threat
officer
threat
others
harm
resulting
failure
apprehend
justify
use
deadly
force
police
officer
may
seize
unarmed
nondangerous
suspect
shooting
dead
officer
probable
cause
believe
suspect
poses
threat
serious
physical
harm
either
officer
others
constitutionally
unreasonable
prevent
escape
using
deadly
force
thus
suspect
threatens
officer
weapon
probable
cause
believe
committed
crime
involving
infliction
threatened
infliction
serious
physical
harm
deadly
force
may
used
necessary
prevent
escape
feasible
warning
given
common
justifications
use
deadly
force
plainly
inapplicable
case
respondent
haugen
threatened
anyone
weapon
petitioner
brosseau
shoot
order
defend
haugen
person
committed
violent
crime
reason
believe
permitted
escape
indeed
nothing
record
suggest
intended
harm
threat
serious
physical
harm
either
officer
others
provides
sole
justification
brosseau
use
deadly
force
risk
fleeing
vehicle
haugen
accidentally
collide
pedestrian
another
vehicle
whether
brosseau
shot
enhanced
minimized
risk
debatable
risk
accident
surely
justify
attempt
kill
thus
difficulty
endorsing
assumption
brosseau
conduct
violated
constitution
ii
officer
entitled
qualified
immunity
despite
engaged
constitutionally
deficient
conduct
violate
clearly
established
statutory
constitutional
rights
reasonable
person
known
harlow
accordingly
recognized
general
statements
law
inherently
incapable
giving
fair
clear
warning
lanier
firmly
rejected
notion
official
action
protected
qualified
immunity
unless
action
question
previously
held
unlawful
anderson
creighton
thus
search
relevant
case
law
applying
garner
standard
materially
similar
facts
unnecessary
see
hope
although
earlier
cases
involving
similar
facts
provide
especially
strong
support
conclusion
law
clearly
established
necessary
finding
see
also
lanier
indeed
cases
majority
relies
inapposite
fact
serve
illuminate
patent
unreasonableness
brosseau
rather
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law
uncertainty
likely
consequences
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flight
precisely
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reasonable
officer
making
decision
use
deadly
force
assessed
foreseeability
serious
accident
prevents
answering
question
qualified
immunity
case
presents
quintessentially
question
question
judges
try
answer
matter
law
cf
anderson
per
curiam
scalia
concurring
judgment
stevens
dissenting
quoting
bryant
treasury
secret
service
whether
reasonable
officer
believed
probable
cause
question
trier
fact
summary
judgment
directed
verdict
action
based
lack
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conclusion
jury
reach
bizarre
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record
case
convinces
reasonable
jurors
well
disagree
answer
qualified
immunity
issue
conclusion
strongly
reinforced
differing
opinions
expressed
circuit
judges
reviewed
record
iii
attempt
justify
decision
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appeals
without
giving
parties
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provide
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woefully
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brosseau
deliberately
shot
haugen
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legal
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ninth
circuit
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stern
gressman
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practice
ed
sum
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officer
use
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force
well
settled
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nearly
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officer
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factual
question
whether
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brosseau
shoes
concluded
otherwise
question
plainly
falls
purview
jury
reasons
respectfully
dissent
footnotes
haugen
also
asserted
pendent
claims
claims
city
police
department
claims
presently
us
case
arises
posture
motion
summary
judgment
required
view
facts
draw
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inferences
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party
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see
saucier
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occasion
case
reconsider
instruction
saucier
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lower
courts
decide
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question
prior
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qualified
immunity
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exercise
summary
reversal
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simply
correct
clear
misapprehension
qualified
immunity
standard
parties
point
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number
cases
vein
postdate
conduct
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brosseau
february
shooting
haugen
see
cowan
ex
rel
estate
cooper
breen
pace
capobianco
scott
clay
county
tennessee
mccaslin
wilkins
abraham
raso
decisions
course
given
fair
notice
brosseau
use
clearly
established
inquiry
footnotes
although
brosseau
attested
believed
haugen
may
attempting
retrieve
weapon
floorboard
vehicle
sometime
struggle
fact
haugen
hotly
contests
evidence
record
suggest
time
shot
fired
brosseau
believed
reasonable
officer
thought
haugen
access
weapon
moment
time
shooting
brosseau
following
facts
disposal
haugen
felony
warrant
nonviolent
drug
offense
suspected
nonviolent
burglary
fleeing
law
enforcement
foot
approximately
minutes
without
incident
behest
brosseau
private
individuals
scene
inside
respective
vehicles
haugen
girlfriend
daughter
small
car
approximately
four
feet
front
slightly
right
haugen
jeep
glen
tamburello
matt
atwood
inside
pickup
truck
street
blocking
driveway
approximately
feet
haugen
jeep
two
police
officers
foot
scene
last
seen
neighbor
backyard
two
houses
right
driveway
evidence
supporting
haugen
allegation
brosseau
willfully
fire
weapon
intent
murder
record
doc
includes
statement
defense
expert
brosseau
clearly
articulated
intention
use
deadly
force
doc
moreover
report
puyallup
washington
police
department
firearms
review
board
stated
brosseau
chose
use
deadly
force
stop
haugen
doc
exh
cole
bone
sped
tollbooth
engaged
police
pursuit
excess
miles
per
hour
interstate
holiday
season
course
pursuit
driver
passed
traffic
shoulders
interstate
repeatedly
attempted
ram
several
police
cars
drove
passenger
vehicles
road
ran
several
roadblocks
continued
driving
officer
shot
wheels
fugitive
truck
officer
finally
resort
deadly
force
disable
driver
similarly
smith
freland
suspect
led
police
officer
chase
reaching
speeds
excess
miles
per
hour
officer
initially
cornered
suspect
field
driver
repeatedly
swerved
directly
toward
police
car
forcing
officer
move
way
allowing
suspect
continue
chase
additional
officers
cornered
suspect
second
time
suspect
smashed
directly
unoccupied
police
car
began
flee
officer
finally
shoot
driver
ibid
stark
contrast
time
brosseau
shot
haugen
jeep
immobile
best
started
moving
haugen
driven
excess
speeds
rammed
attempted
ram
nearby
police
cars
passenger
vehicles
sum
ongoing
prior
car
chase
inform
probable
cause
analysis
recitation
facts
led
shooting
obscures
undisputed
point
one
contends
haugen
kind
dangerous
person
perhaps
terrorist
escaped
convict
crime
spree
danger
community
allowed
escape
factual
issues
relate
danger
posed
act
escaping