chadrin
lee
mullenix
beatrice
luna
individually
representative
estate
israel
leija
et
argued
decided
november
per
curiam
night
march
sergeant
randy
baker
tulia
texas
police
department
followed
israel
leija
restaurant
warrant
arrest
baker
approached
leija
car
informed
arrest
leija
sped
headed
interstate
wl
nd
baker
gave
chase
quickly
joined
trooper
gabriel
rodriguez
texas
department
public
safety
dps
leija
entered
interstate
led
officers
chase
speeds
miles
per
hour
ibid
twice
chase
leija
called
tulia
police
dispatcher
claiming
gun
threatening
shoot
police
officers
abandon
pursuit
dispatcher
relayed
leija
threats
together
report
leija
might
intoxicated
concerned
officers
baker
rodriguez
maintained
pursuit
law
enforcement
officers
set
tire
spikes
three
locations
officer
troy
ducheneaux
canyon
police
department
manned
spike
strip
first
location
leija
expected
reach
beneath
overpass
cemetery
road
ducheneaux
officers
received
training
deployment
spike
strips
including
take
defensive
position
minimize
risk
posed
passing
driver
ibid
dps
trooper
chadrin
mullenix
also
responded
drove
cemetery
road
overpass
initially
intending
set
spike
strip
upon
learning
spike
strip
positions
however
mullenix
began
consider
another
tactic
shooting
leija
car
order
disable
wl
mullenix
received
training
tactic
attempted
radioed
idea
rodriguez
rodriguez
responded
gave
mullenix
position
said
leija
slowed
miles
per
hour
mullenix
asked
dps
dispatcher
inform
supervisor
sergeant
byrd
plan
ask
byrd
thought
worth
receiving
byrd
response
mullenix
exited
vehicle
armed
service
rifle
took
shooting
position
overpass
feet
respondents
allege
position
mullenix
still
hear
byrd
response
stand
see
spikes
work
first
ibid
mullenix
waited
leija
arrive
another
officer
randall
county
sheriff
deputy
tom
shipman
discussed
whether
mullenix
plan
work
shoot
vehicle
best
carry
wl
shipman
also
informed
mullenix
another
officer
located
beneath
overpass
approximately
three
minutes
mullenix
took
shooting
position
spotted
leija
vehicle
rodriguez
pursuit
leija
approached
overpass
mullenix
fired
six
shots
leija
car
continued
forward
beneath
overpass
engaged
spike
strip
hit
median
rolled
two
half
times
later
determined
leija
killed
mullenix
shots
four
struck
upper
body
evidence
mullenix
shots
hit
car
radiator
hood
engine
block
wl
respondents
sued
mullenix
rev
stat
alleging
violated
fourth
amendment
using
excessive
force
leija
mullenix
moved
summary
judgment
ground
qualified
immunity
district
denied
motion
finding
genuine
issues
fact
whether
trooper
mullenix
acted
recklessly
acted
reasonable
trained
peace
officer
acted
similar
circumstances
wl
mullenix
appealed
appeals
fifth
circuit
affirmed
agreed
district
immediacy
risk
posed
leija
disputed
fact
reasonable
jury
find
either
plaintiffs
favor
officer
favor
precluding
us
concluding
mullenix
acted
objectively
reasonably
matter
law
judge
king
dissented
described
issue
referenced
majority
simply
restatement
objective
reasonableness
test
applies
fourth
amendment
excessive
force
claims
noted
held
pure
question
law
quoting
scott
harris
turning
legal
question
judge
king
concluded
mullenix
actions
objectively
reasonable
mullenix
fired
emphasized
knew
leija
threatened
shoot
officers
involved
pursuit
also
leija
seconds
away
encountering
officer
beneath
overpass
judge
king
also
dismissed
notion
mullenix
given
spike
strips
chance
work
explained
spike
strips
often
ineffective
officers
operating
vulnerable
gunfire
passing
cars
mullenix
reasonably
feared
officers
manning
faced
significant
risk
harm
mullenix
sought
rehearing
en
banc
fifth
circuit
denied
petition
judge
jolly
dissented
joined
six
members
judge
king
joined
judge
jolly
dissent
also
filed
separate
dissent
per
curiam
day
however
two
members
forming
original
panel
majority
withdrew
previous
opinion
substituted
new
one
revised
opinion
recognized
objective
unreasonableness
question
law
resolved
summary
judgment
judge
king
explained
dissent
reaffirmed
denial
qualified
immunity
majority
concluded
mullenix
actions
objectively
unreasonable
several
factors
justified
deadly
force
previous
cases
absent
innocent
bystanders
leija
driving
relatively
controlled
mullenix
first
given
spike
strips
chance
work
mullenix
decision
judgment
went
conclude
mullenix
entitled
qualified
immunity
law
clearly
established
reasonable
officer
known
use
deadly
force
absent
sufficiently
substantial
immediate
threat
violated
fourth
amendment
address
qualified
immunity
question
whether
fourth
amendment
violation
first
place
reverse
doctrine
qualified
immunity
shields
officials
civil
liability
long
conduct
violate
clearly
established
statutory
constitutional
rights
reasonable
person
known
pearson
callahan
quoting
harlow
fitzgerald
clearly
established
right
one
sufficiently
clear
every
reasonable
official
understood
violates
right
reichle
howards
slip
internal
quotation
marks
alteration
omitted
require
case
directly
point
existing
precedent
must
placed
statutory
constitutional
question
beyond
debate
ashcroft
put
simply
qualified
immunity
protects
plainly
incompetent
knowingly
violate
law
malley
briggs
repeatedly
told
courts
define
clearly
established
law
high
level
generality
supra
dispositive
question
whether
violative
nature
particular
conduct
clearly
established
ibid
emphasis
added
inquiry
undertaken
light
specific
context
case
broad
general
proposition
brosseau
haugen
per
curiam
quoting
saucier
katz
specificity
especially
important
fourth
amendment
context
recognized
sometimes
difficult
officer
determine
relevant
legal
doctrine
excessive
force
apply
factual
situation
officer
confronts
case
fifth
circuit
held
mullenix
violated
clearly
established
rule
police
officer
may
deadly
force
fleeing
felon
pose
sufficient
threat
harm
officer
others
yet
previously
considered
rejected
almost
exact
formulation
qualified
immunity
question
fourth
amendment
context
brosseau
also
involved
shooting
suspect
fleeing
car
ninth
circuit
denied
qualified
immunity
ground
officer
violated
clearly
established
rule
set
forth
tennessee
garner
deadly
force
permissible
officer
probable
cause
believe
suspect
poses
threat
serious
physical
harm
either
officer
others
haugen
brosseau
internal
quotation
marks
omitted
summarily
reversed
holding
use
ner
general
test
excessive
force
mistaken
brosseau
correct
inquiry
explained
whether
clearly
established
fourth
amendment
prohibited
officer
conduct
confronted
whether
shoot
disturbed
felon
set
avoiding
capture
vehicular
flight
persons
immediate
area
risk
flight
considered
three
appeals
cases
discussed
parties
noted
area
one
result
depends
much
facts
case
concluded
officer
entitled
qualified
immunity
one
cases
squarely
governs
case
emphasis
added
anderson
creighton
also
instructive
required
degree
specificity
lower
denied
qualified
immunity
based
clearly
established
right
free
warrantless
searches
one
home
unless
searching
officers
probable
cause
exigent
circumstances
faulted
formulation
failing
address
actual
question
issue
whether
circumstances
anderson
confronted
constitute
probable
cause
exigent
circumstances
without
answering
question
explained
conclusion
anderson
search
objectively
unreasonable
follow
immediately
thus
clearly
established
principle
warrantless
searches
supported
probable
cause
exigent
circumstances
violate
fourth
amendment
case
mullenix
confronted
reportedly
intoxicated
fugitive
set
avoiding
capture
vehicular
flight
twice
flight
threatened
shoot
police
officers
moments
away
encountering
officer
cemetery
road
relevant
inquiry
whether
existing
precedent
placed
conclusion
mullenix
acted
unreasonably
circumstances
beyond
debate
supra
general
principle
deadly
force
requires
sufficient
threat
hardly
settles
matter
see
pasco
knoblauch
unreasonable
expect
police
officer
make
numerous
legal
conclusions
necessary
apply
garner
car
chase
far
clarifying
issue
excessive
force
cases
involving
car
chases
reveal
hazy
legal
backdrop
mullenix
acted
brosseau
held
officer
violate
clearly
established
law
shot
fleeing
suspect
fear
endangered
officers
foot
believed
immediate
area
occupied
vehicles
path
citizens
might
area
first
alteration
original
internal
quotation
marks
omitted
emphasis
added
threat
leija
posed
least
immediate
presented
suspect
begun
drive
headed
general
direction
officers
bystanders
time
mullenix
fired
leija
led
police
chase
extremely
high
speeds
reportedly
intoxicated
twice
threatened
shoot
officers
racing
towards
officer
location
considered
excessive
force
claims
connection
chases
two
occasions
since
brosseau
scott
harris
held
officer
violate
fourth
amendment
ramming
car
fugitive
whose
reckless
driving
posed
actual
imminent
threat
lives
pedestrians
might
present
civilian
motorists
officers
involved
chase
plumhoff
rickard
reaffirmed
scott
holding
officer
acted
reasonably
fatally
shot
fugitive
intent
resuming
chase
pose
deadly
threat
others
road
slip
thus
never
found
use
deadly
force
connection
dangerous
car
chase
violate
fourth
amendment
let
alone
basis
denying
qualified
immunity
leija
flight
pass
many
cars
drivers
scott
plumhoff
traffic
light
time
fleeing
fugitives
scott
plumhoff
verbally
threatened
kill
officers
path
come
upon
officers
event
none
precedents
squarely
governs
facts
given
leija
conduct
say
someone
plainly
incompetent
knowingly
violate
law
perceived
sufficient
threat
acted
mullenix
malley
dissent
focuses
availability
spike
strips
alternative
means
terminating
chase
argues
even
leija
posed
threat
sufficient
justify
deadly
force
circumstances
mullenix
nevertheless
contravened
clearly
established
law
wait
see
spike
strips
work
taking
action
spike
strips
however
present
dangers
drivers
encounter
speeds
miles
per
hour
also
officers
manning
see
thompson
mercer
brief
national
association
police
organizations
et
al
amici
curiae
spike
strips
always
successful
ending
chase
see
cordova
aragon
brief
national
association
police
organizations
et
al
amici
curiae
citing
examples
dissent
cite
case
denying
qualified
immunity
officers
entitled
terminate
chase
selected
one
dangerous
alternative
another
even
dissent
argues
governmental
interest
justified
acting
leija
car
hit
spikes
mullenix
explained
however
feared
leija
might
attempt
shoot
run
officers
manning
spike
strips
mullenix
also
feared
even
leija
hit
spike
strips
might
still
able
continue
driving
direction
officers
dissent
ignores
interests
suggesting
possible
marginal
gain
shooting
car
using
spike
strips
already
place
post
opinion
sotomayor
fact
mullenix
hoped
actions
stop
car
manner
avoided
risks
officers
drivers
relying
spike
strips
entail
dissent
disputes
merits
options
available
mullenix
post
others
experience
analyze
issues
differently
see
brief
national
association
police
organizations
et
al
amici
curiae
ultimately
whatever
said
wisdom
mullenix
choice
precedents
place
conclusion
acted
unreasonably
circumstances
beyond
debate
fundamentally
dissent
repeats
fifth
circuit
error
defines
qualified
immunity
inquiry
high
level
generality
whether
governmental
interest
justified
choosing
one
tactic
another
fails
consider
question
specific
context
case
brosseau
haugen
internal
quotation
marks
omitted
anderson
conclusion
mullenix
reasons
insufficient
justify
actions
simply
follow
immediately
general
proposition
force
must
justified
cases
decided
lower
courts
since
brosseau
likewise
clearly
established
deadly
force
inappropriate
response
conduct
like
leija
fifth
circuit
principally
relied
decision
lytle
bexar
county
denying
qualified
immunity
police
officer
fired
fleeing
car
killed
one
passengers
holding
turned
assumption
purposes
summary
judgment
car
moving
away
officer
already
traveled
distance
moment
officer
fired
see
held
reasonable
jury
conclude
receding
car
pose
sufficient
threat
harm
use
deadly
force
reasonable
crucially
also
recognized
facts
officer
alleged
fired
car
coming
towards
likely
entitled
qualified
immunity
based
threat
immediate
severe
physical
harm
without
implying
lytle
either
correct
incorrect
suffices
say
lytle
clearly
dictate
conclusion
mullenix
unjustified
perceiving
grave
danger
responding
accordingly
given
leija
speeding
towards
confrontation
officers
threatened
kill
cases
fifth
circuit
ignored
also
suggest
mullenix
assessment
threat
leija
posed
reasonable
long
slaton
example
eleventh
circuit
held
sheriff
deputy
violate
fourth
amendment
fatally
shooting
mentally
unstable
individual
attempting
flee
deputy
car
even
though
time
shooting
individual
yet
operated
cruiser
dangerously
explained
law
require
officers
tense
dangerous
situation
wait
moment
suspect
uses
deadly
weapon
act
stop
suspect
concluded
deputy
reason
believe
long
dangerous
based
unstable
state
mind
theft
cruiser
failure
heed
deputy
warning
stop
also
rejected
notion
deputy
first
tried
less
lethal
methods
spike
strips
onsidering
unpredictability
long
behavior
fleeing
marked
police
cruiser
held
think
police
need
taken
chance
hoped
best
alteration
internal
quotation
marks
omitted
see
smith
cupp
denying
qualified
immunity
officer
shot
intoxicated
suspect
stolen
officer
cruiser
reasonable
jury
concluded
suspect
flight
immediately
threaten
officer
bystander
cases
cited
fifth
circuit
respondents
simply
factually
distinct
speak
clearly
specific
circumstances
several
involve
suspects
may
done
little
flee
relatively
low
speeds
see
walker
davis
kirby
duva
adams
speers
vaughan
cox
cases
shed
little
light
whether
far
greater
danger
speeding
fugitive
threatening
kill
police
officers
waiting
path
warrant
deadly
force
noted
weapon
ever
seen
surely
circumstances
police
justified
taking
leija
word
twice
told
dispatcher
gun
prepared
use
finally
respondents
argue
danger
leija
represented
less
substantial
threats
courts
found
sufficient
justify
deadly
force
mere
fact
courts
approved
deadly
force
extreme
circumstances
says
little
anything
whether
force
reasonable
circumstances
fact
mullenix
fired
reasonably
understood
leija
fugitive
fleeing
arrest
speeds
miles
per
hour
armed
possibly
intoxicated
threatened
kill
officer
saw
police
abandon
pursuit
racing
towards
officer
ducheneaux
position
even
accepting
circumstances
fall
somewhere
two
sets
cases
respondents
discuss
qualified
immunity
protects
actions
border
excessive
acceptable
force
brosseau
supra
quoting
saucier
internal
quotation
marks
omitted
constitutional
rule
applied
fifth
circuit
debate
stanton
sims
per
curiam
slip
grant
mullenix
petition
certiorari
reverse
fifth
circuit
determination
mullenix
entitled
qualified
immunity
ordered
scalia
concurring
judgment
chadrin
lee
mullenix
beatrice
luna
individually
representative
estate
israel
leija
et
al
petition
writ
certiorari
appeals
fifth
circuit
decided
november
justice
scalia
concurring
judgment
join
judgment
describe
occurred
application
deadly
force
effecting
arrest
prior
cases
reserved
description
directing
force
sufficient
kill
person
desired
arrestee
see
plumhoff
rickard
brosseau
haugen
per
curiam
tennessee
garner
assist
analysis
refer
use
force
happens
kill
arrestee
application
deadly
force
police
might
example
attempt
stop
fleeing
felon
car
felling
large
tree
across
road
drop
tree
late
crushes
car
occupant
call
application
deadly
force
though
force
sufficient
kill
applied
object
harming
body
felon
thus
scott
harris
declined
characterize
officer
scott
use
pursuing
vehicle
bumper
push
fleeing
vehicle
road
application
deadly
force
whether
said
matters
whether
scott
actions
reasonable
also
stacks
deck
officer
seems
describe
action
application
deadly
force
least
arguable
scott
pushing
speeding
vehicle
road
targeting
occupant
injury
death
however
conceded
trooper
mullenix
shoot
wound
kill
fleeing
leija
even
drive
leija
car
road
cause
car
stop
destroying
engine
risky
enterprise
outcome
demonstrated
determining
whether
violated
fourth
amendment
requires
us
ask
whether
reasonable
kill
leija
whether
reasonable
shoot
engine
light
risk
leija
distorts
inquiry
think
make
question
whether
reasonable
mullenix
apply
deadly
force
sotomayor
dissenting
chadrin
lee
mullenix
beatrice
luna
individually
representative
estate
israel
leija
et
al
petition
writ
certiorari
appeals
fifth
circuit
decided
november
justice
sotomayor
dissenting
chadrin
mullenix
fired
six
rounds
dark
car
traveling
miles
per
hour
without
training
tactic
wait
order
superior
officer
less
second
car
hit
spike
strips
deployed
stop
mullenix
rogue
conduct
killed
driver
israel
leija
clearly
established
fourth
amendment
officer
mullenix
position
fired
shots
respectfully
dissent
grant
summary
reversal
resolving
factual
disputes
favor
plaintiffs
must
motion
summary
judgment
mullenix
knew
following
facts
shot
leija
engine
block
leija
led
police
officers
car
chase
speeds
ranging
miles
per
hour
leija
twice
called
police
dispatcher
threatening
shoot
officers
cease
pursuit
ibid
police
officers
deploying
three
sets
spike
strips
order
stop
leija
flight
ibid
officers
trained
stop
car
using
spike
strips
training
included
take
defensive
position
minimize
risk
danger
target
car
ibid
mullenix
knew
spike
strips
set
directly
beneath
overpass
stationed
evidence
officers
mullenix
communication
including
officer
troy
ducheneaux
mullenix
believed
overpass
expressed
concern
safety
mullenix
training
shooting
disable
moving
vehicle
never
seen
tactic
done
also
lacked
permission
take
shots
mullenix
relayed
plan
superior
officer
robert
byrd
byrd
responded
stand
see
spikes
work
first
three
minutes
arriving
overpass
mullenix
fired
six
rounds
leija
car
none
hit
car
engine
block
least
four
struck
leija
upper
body
killing
leija
ii
confronting
claim
qualified
immunity
asks
two
questions
first
considers
whether
officer
fact
violated
constitutional
right
saucier
katz
second
asks
whether
contours
right
sufficiently
clear
reasonable
official
understood
violates
right
quoting
anderson
creighton
rejected
idea
official
action
protected
qualified
immunity
unless
action
question
previously
held
unlawful
instead
crux
qualified
immunity
test
whether
officers
fair
notice
acting
unconstitutionally
hope
pelzer
respondents
allege
mullenix
violated
fourth
amendment
prohibition
unreasonable
seizures
using
deadly
force
apprehend
leija
precedents
clearly
establish
fourth
amendment
violated
unless
effectuating
particular
kind
seizure
outweigh
quality
intrusion
individual
fourth
amendment
interests
scott
harris
quoting
place
must
governmental
interes
effectuating
seizure
also
seizure
carried
tennessee
garner
balancing
particular
governmental
interest
use
deadly
force
intrusion
occasioned
use
force
inherently
inquiry
susceptible
bright
lines
clearly
established
government
must
interest
using
deadly
force
kinds
force
clearly
established
legal
question
question
reasonable
officer
asked
whether
circumstances
known
mullenix
governmental
interest
shooting
car
rather
waiting
run
spike
strips
majority
point
interest
claims
mullenix
goal
merely
stop
car
stop
car
manner
avoided
risks
relying
spike
strips
ante
evidence
record
shooting
leija
engine
block
stop
car
manner
majority
first
suggests
mullenix
wait
results
spikes
superior
advised
concern
officers
manning
strips
leija
going
come
upon
officers
whether
mullenix
shooting
tactic
successful
mullenix
took
shot
leija
yards
away
spike
strip
traveling
miles
per
hour
even
shots
hit
leija
engine
block
car
stopped
instantly
mullenix
bought
officers
trying
protect
officers
trained
take
defensive
positions
less
second
waiting
spike
strips
whatever
threat
leija
posed
car
stopped
existed
whether
car
stopped
shot
engine
block
spike
strips
evidence
shooting
car
reliable
spike
strips
majority
notes
spike
strips
fallible
ante
mullenix
information
suggest
shooting
disable
car
higher
success
rate
much
less
training
night
likely
succeed
moreover
officers
training
setting
spike
strips
also
placed
two
backup
strips
north
along
highway
case
first
set
failed
reasonable
officer
thought
shooting
stop
car
less
danger
greater
certainty
waiting
majority
cites
long
slaton
proposition
mullenix
need
first
tried
less
lethal
methods
spike
strips
ante
case
clear
reason
prefer
deadly
force
alternatives
long
officer
fired
stop
suspect
fleeing
stolen
police
cruiser
officer
fired
alternative
means
stopping
car
place
eleventh
circuit
held
governmental
interest
waiting
future
deployment
spike
strips
may
never
materialize
justified
use
deadly
force
ibid
case
contrast
neither
petitioner
majority
point
possible
marginal
gain
shooting
car
using
spike
strips
already
place
clearly
established
must
governmental
interest
necessitates
deadly
force
even
always
clearly
established
level
governmental
interest
sufficient
circumstances
known
time
mullenix
puts
forth
plausible
reason
choose
shooting
leija
engine
block
waiting
results
spike
strips
thus
hold
mullenix
violated
leija
clearly
established
right
free
intrusion
absent
governmental
interest
iii
majority
largely
evades
key
legal
question
focusing
primarily
governmental
interest
whether
car
stopped
rather
dispositive
question
car
stopped
even
assuming
leija
posed
sufficient
ante
immediate
ante
threat
mullenix
face
choice
two
evils
shooting
suspect
car
letting
go
scott
see
plumhoff
rickard
slip
brosseau
haugen
instead
mullenix
chose
employ
potentially
lethal
tactic
shooting
leija
engine
block
addition
tactic
specifically
designed
accomplish
result
spike
strips
granting
mullenix
qualified
immunity
goes
step
previous
cases
without
full
briefing
argument
thus
framed
apparent
majority
exhortation
right
stake
defined
high
level
generality
see
ante
red
herring
majority
adduces
various
facts
fifth
circuit
supposedly
ignored
qualified
immunity
analysis
including
leija
reportedly
intoxicated
fugitive
set
avoiding
capture
vehicular
flight
twice
flight
threatened
shoot
police
officers
moments
away
encountering
officer
cemetery
road
ante
one
facts
goes
governmental
interest
shooting
awaiting
spike
strips
majority
also
claims
established
law
make
clear
mullenix
reasons
insufficient
justify
choice
shooting
following
superior
orders
wait
spikes
ante
mullenix
seemed
reasons
prefer
shooting
following
orders
instead
dealing
question
whether
mullenix
constitutionally
fire
leija
car
rather
waiting
spike
strips
majority
dwells
imminence
threat
posed
leija
majority
recharacterizes
mullenix
decision
shoot
leija
engine
block
choice
made
suspect
moments
away
ante
indeed
reading
majority
opinion
one
scarcely
believe
mullenix
arrived
overpass
several
minutes
took
shot
rural
road
car
chase
occurred
cars
bystanders
businesses
majority
also
glosses
facts
mullenix
time
ask
byrd
permission
fire
upon
leija
byrd
mullenix
superior
officer
told
mullenix
stand
reason
believe
byrd
information
mullenix
including
knowledge
officer
stationed
beneath
overpass
even
receiving
byrd
response
mullenix
spent
minutes
shooting
position
discussing
next
step
fellow
officer
minutes
received
information
made
plan
suitable
superior
orders
less
ibid
appropriate
reading
record
summary
judgment
thus
render
mullenix
choice
even
unreasonable
asking
appropriate
legal
question
leave
majority
choice
conclude
mullenix
ignored
longstanding
fourth
amendment
rule
must
governmental
interest
seizing
suspect
level
force
used
effectuate
seizure
mullenix
confronted
superior
officer
shooting
first
words
proactive
ibid
mullenix
apparently
referencing
earlier
counseling
session
byrd
suggested
enterprising
enough
ibid
glib
comment
impact
legal
analysis
officer
actual
intentions
irrelevant
fourth
amendment
objectively
reasonable
inquiry
see
graham
connor
comment
seems
revealing
culture
decision
supports
calls
reasonable
even
reasonably
reasonable
use
deadly
force
discernible
gain
supervisor
express
order
stand
sanctioning
shoot
first
think
later
approach
policing
renders
protections
fourth
amendment
hollow
reasons
discussed
deny
mullenix
petition
writ
certiorari
thus
respectfully
dissent
chadrin
lee
mullenix
beatrice
luna
individually
representative
estate
israel
leija
et
al
petition
writ
certiorari
appeals
fifth
circuit
decided
november
per
curiam
night
march
sergeant
randy
baker
tulia
texas
police
department
followed
israel
leija
restaurant
warrant
arrest
baker
approached
leija
car
informed
arrest
leija
sped
headed
interstate
wl
nd
baker
gave
chase
quickly
joined
trooper
gabriel
rodriguez
texas
department
public
safety
dps
leija
entered
interstate
led
officers
chase
speeds
miles
per
hour
ibid
twice
chase
leija
called
tulia
police
dispatcher
claiming
gun
threatening
shoot
police
officers
abandon
pursuit
dispatcher
relayed
leija
threats
together
report
leija
might
intoxicated
concerned
officers
baker
rodriguez
maintained
pursuit
law
enforcement
officers
set
tire
spikes
three
locations
officer
troy
ducheneaux
canyon
police
department
manned
spike
strip
first
location
leija
expected
reach
beneath
overpass
cemetery
road
ducheneaux
officers
received
training
deployment
spike
strips
including
take
defensive
position
minimize
risk
posed
passing
driver
ibid
dps
trooper
chadrin
mullenix
also
responded
drove
cemetery
road
overpass
initially
intending
set
spike
strip
upon
learning
spike
strip
positions
however
mullenix
began
consider
another
tactic
shooting
leija
car
order
disable
wl
mullenix
received
training
tactic
attempted
radioed
idea
rodriguez
rodriguez
responded
gave
mullenix
position
said
leija
slowed
miles
per
hour
mullenix
asked
dps
dispatcher
inform
supervisor
sergeant
byrd
plan
ask
byrd
thought
worth
receiving
byrd
response
mullenix
exited
vehicle
armed
service
rifle
took
shooting
position
overpass
feet
respondents
allege
position
mullenix
still
hear
byrd
response
stand
see
spikes
work
first
ibid
mullenix
waited
leija
arrive
another
officer
randall
county
sheriff
deputy
tom
shipman
discussed
whether
mullenix
plan
work
shoot
vehicle
best
carry
wl
shipman
also
informed
mullenix
another
officer
located
beneath
overpass
approximately
three
minutes
mullenix
took
shooting
position
spotted
leija
vehicle
rodriguez
pursuit
leija
approached
overpass
mullenix
fired
six
shots
leija
car
continued
forward
beneath
overpass
engaged
spike
strip
hit
median
rolled
two
half
times
later
determined
leija
killed
mullenix
shots
four
struck
upper
body
evidence
mullenix
shots
hit
car
radiator
hood
engine
block
wl
respondents
sued
mullenix
rev
stat
alleging
violated
fourth
amendment
using
excessive
force
leija
mullenix
moved
summary
judgment
ground
qualified
immunity
district
denied
motion
finding
genuine
issues
fact
whether
trooper
mullenix
acted
recklessly
acted
reasonable
trained
peace
officer
acted
similar
circumstances
wl
mullenix
appealed
appeals
fifth
circuit
affirmed
agreed
district
immediacy
risk
posed
leija
disputed
fact
reasonable
jury
find
either
plaintiffs
favor
officer
favor
precluding
us
concluding
mullenix
acted
objectively
reasonably
matter
law
judge
king
dissented
described
issue
referenced
majority
simply
restatement
objective
reasonableness
test
applies
fourth
amendment
excessive
force
claims
noted
held
pure
question
law
quoting
scott
harris
turning
legal
question
judge
king
concluded
mullenix
actions
objectively
reasonable
mullenix
fired
emphasized
knew
leija
threatened
shoot
officers
involved
pursuit
also
leija
seconds
away
encountering
officer
beneath
overpass
judge
king
also
dismissed
notion
mullenix
given
spike
strips
chance
work
explained
spike
strips
often
ineffective
officers
operating
vulnerable
gunfire
passing
cars
mullenix
reasonably
feared
officers
manning
faced
significant
risk
harm
mullenix
sought
rehearing
en
banc
fifth
circuit
denied
petition
judge
jolly
dissented
joined
six
members
judge
king
joined
judge
jolly
dissent
also
filed
separate
dissent
per
curiam
day
however
two
members
forming
original
panel
majority
withdrew
previous
opinion
substituted
new
one
revised
opinion
recognized
objective
unreasonableness
question
law
resolved
summary
judgment
judge
king
explained
dissent
reaffirmed
denial
qualified
immunity
majority
concluded
mullenix
actions
objectively
unreasonable
several
factors
justified
deadly
force
previous
cases
absent
innocent
bystanders
leija
driving
relatively
controlled
mullenix
first
given
spike
strips
chance
work
mullenix
decision
judgment
went
conclude
mullenix
entitled
qualified
immunity
law
clearly
established
reasonable
officer
known
use
deadly
force
absent
sufficiently
substantial
immediate
threat
violated
fourth
amendment
address
qualified
immunity
question
whether
fourth
amendment
violation
first
place
reverse
doctrine
qualified
immunity
shields
officials
civil
liability
long
conduct
violate
clearly
established
statutory
constitutional
rights
reasonable
person
known
pearson
callahan
quoting
harlow
fitzgerald
clearly
established
right
one
sufficiently
clear
every
reasonable
official
understood
violates
right
reichle
howards
slip
internal
quotation
marks
alteration
omitted
require
case
directly
point
existing
precedent
must
placed
statutory
constitutional
question
beyond
debate
ashcroft
put
simply
qualified
immunity
protects
plainly
incompetent
knowingly
violate
law
malley
briggs
repeatedly
told
courts
define
clearly
established
law
high
level
generality
supra
dispositive
question
whether
violative
nature
particular
conduct
clearly
established
ibid
emphasis
added
inquiry
undertaken
light
specific
context
case
broad
general
proposition
brosseau
haugen
per
curiam
quoting
saucier
katz
specificity
especially
important
fourth
amendment
context
recognized
sometimes
difficult
officer
determine
relevant
legal
doctrine
excessive
force
apply
factual
situation
officer
confronts
case
fifth
circuit
held
mullenix
violated
clearly
established
rule
police
officer
may
deadly
force
fleeing
felon
pose
sufficient
threat
harm
officer
others
yet
previously
considered
rejected
almost
exact
formulation
qualified
immunity
question
fourth
amendment
context
brosseau
also
involved
shooting
suspect
fleeing
car
ninth
circuit
denied
qualified
immunity
ground
officer
violated
clearly
established
rule
set
forth
tennessee
garner
deadly
force
permissible
officer
probable
cause
believe
suspect
poses
threat
serious
physical
harm
either
officer
others
haugen
brosseau
internal
quotation
marks
omitted
summarily
reversed
holding
use
ner
general
test
excessive
force
mistaken
brosseau
correct
inquiry
explained
whether
clearly
established
fourth
amendment
prohibited
officer
conduct
confronted
whether
shoot
disturbed
felon
set
avoiding
capture
vehicular
flight
persons
immediate
area
risk
flight
considered
three
appeals
cases
discussed
parties
noted
area
one
result
depends
much
facts
case
concluded
officer
entitled
qualified
immunity
one
cases
squarely
governs
case
emphasis
added
anderson
creighton
also
instructive
required
degree
specificity
lower
denied
qualified
immunity
based
clearly
established
right
free
warrantless
searches
one
home
unless
searching
officers
probable
cause
exigent
circumstances
faulted
formulation
failing
address
actual
question
issue
whether
circumstances
anderson
confronted
constitute
probable
cause
exigent
circumstances
without
answering
question
explained
conclusion
anderson
search
objectively
unreasonable
follow
immediately
thus
clearly
established
principle
warrantless
searches
supported
probable
cause
exigent
circumstances
violate
fourth
amendment
case
mullenix
confronted
reportedly
intoxicated
fugitive
set
avoiding
capture
vehicular
flight
twice
flight
threatened
shoot
police
officers
moments
away
encountering
officer
cemetery
road
relevant
inquiry
whether
existing
precedent
placed
conclusion
mullenix
acted
unreasonably
circumstances
beyond
debate
supra
general
principle
deadly
force
requires
sufficient
threat
hardly
settles
matter
see
pasco
knoblauch
unreasonable
expect
police
officer
make
numerous
legal
conclusions
necessary
apply
garner
car
chase
far
clarifying
issue
excessive
force
cases
involving
car
chases
reveal
hazy
legal
backdrop
mullenix
acted
brosseau
held
officer
violate
clearly
established
law
shot
fleeing
suspect
fear
endangered
officers
foot
believed
immediate
area
occupied
vehicles
path
citizens
might
area
first
alteration
original
internal
quotation
marks
omitted
emphasis
added
threat
leija
posed
least
immediate
presented
suspect
begun
drive
headed
general
direction
officers
bystanders
time
mullenix
fired
leija
led
police
chase
extremely
high
speeds
reportedly
intoxicated
twice
threatened
shoot
officers
racing
towards
officer
location
considered
excessive
force
claims
connection
chases
two
occasions
since
brosseau
scott
harris
held
officer
violate
fourth
amendment
ramming
car
fugitive
whose
reckless
driving
posed
actual
imminent
threat
lives
pedestrians
might
present
civilian
motorists
officers
involved
chase
plumhoff
rickard
reaffirmed
scott
holding
officer
acted
reasonably
fatally
shot
fugitive
intent
resuming
chase
pose
deadly
threat
others
road
slip
thus
never
found
use
deadly
force
connection
dangerous
car
chase
violate
fourth
amendment
let
alone
basis
denying
qualified
immunity
leija
flight
pass
many
cars
drivers
scott
plumhoff
traffic
light
time
fleeing
fugitives
scott
plumhoff
verbally
threatened
kill
officers
path
come
upon
officers
event
none
precedents
squarely
governs
facts
given
leija
conduct
say
someone
plainly
incompetent
knowingly
violate
law
perceived
sufficient
threat
acted
mullenix
malley
dissent
focuses
availability
spike
strips
alternative
means
terminating
chase
argues
even
leija
posed
threat
sufficient
justify
deadly
force
circumstances
mullenix
nevertheless
contravened
clearly
established
law
wait
see
spike
strips
work
taking
action
spike
strips
however
present
dangers
drivers
encounter
speeds
miles
per
hour
also
officers
manning
see
thompson
mercer
brief
national
association
police
organizations
et
al
amici
curiae
spike
strips
always
successful
ending
chase
see
cordova
aragon
brief
national
association
police
organizations
et
al
amici
curiae
citing
examples
dissent
cite
case
denying
qualified
immunity
officers
entitled
terminate
chase
selected
one
dangerous
alternative
another
even
dissent
argues
governmental
interest
justified
acting
leija
car
hit
spikes
mullenix
explained
however
feared
leija
might
attempt
shoot
run
officers
manning
spike
strips
mullenix
also
feared
even
leija
hit
spike
strips
might
still
able
continue
driving
direction
officers
dissent
ignores
interests
suggesting
possible
marginal
gain
shooting
car
using
spike
strips
already
place
post
opinion
sotomayor
fact
mullenix
hoped
actions
stop
car
manner
avoided
risks
officers
drivers
relying
spike
strips
entail
dissent
disputes
merits
options
available
mullenix
post
others
experience
analyze
issues
differently
see
brief
national
association
police
organizations
et
al
amici
curiae
ultimately
whatever
said
wisdom
mullenix
choice
precedents
place
conclusion
acted
unreasonably
circumstances
beyond
debate
fundamentally
dissent
repeats
fifth
circuit
error
defines
qualified
immunity
inquiry
high
level
generality
whether
governmental
interest
justified
choosing
one
tactic
another
fails
consider
question
specific
context
case
brosseau
haugen
internal
quotation
marks
omitted
anderson
conclusion
mullenix
reasons
insufficient
justify
actions
simply
follow
immediately
general
proposition
force
must
justified
cases
decided
lower
courts
since
brosseau
likewise
clearly
established
deadly
force
inappropriate
response
conduct
like
leija
fifth
circuit
principally
relied
decision
lytle
bexar
county
denying
qualified
immunity
police
officer
fired
fleeing
car
killed
one
passengers
holding
turned
assumption
purposes
summary
judgment
car
moving
away
officer
already
traveled
distance
moment
officer
fired
see
held
reasonable
jury
conclude
receding
car
pose
sufficient
threat
harm
use
deadly
force
reasonable
crucially
also
recognized
facts
officer
alleged
fired
car
coming
towards
likely
entitled
qualified
immunity
based
threat
immediate
severe
physical
harm
without
implying
lytle
either
correct
incorrect
suffices
say
lytle
clearly
dictate
conclusion
mullenix
unjustified
perceiving
grave
danger
responding
accordingly
given
leija
speeding
towards
confrontation
officers
threatened
kill
cases
fifth
circuit
ignored
also
suggest
mullenix
assessment
threat
leija
posed
reasonable
long
slaton
example
eleventh
circuit
held
sheriff
deputy
violate
fourth
amendment
fatally
shooting
mentally
unstable
individual
attempting
flee
deputy
car
even
though
time
shooting
individual
yet
operated
cruiser
dangerously
explained
law
require
officers
tense
dangerous
situation
wait
moment
suspect
uses
deadly
weapon
act
stop
suspect
concluded
deputy
reason
believe
long
dangerous
based
unstable
state
mind
theft
cruiser
failure
heed
deputy
warning
stop
also
rejected
notion
deputy
first
tried
less
lethal
methods
spike
strips
onsidering
unpredictability
long
behavior
fleeing
marked
police
cruiser
held
think
police
need
taken
chance
hoped
best
alteration
internal
quotation
marks
omitted
see
smith
cupp
denying
qualified
immunity
officer
shot
intoxicated
suspect
stolen
officer
cruiser
reasonable
jury
concluded
suspect
flight
immediately
threaten
officer
bystander
cases
cited
fifth
circuit
respondents
simply
factually
distinct
speak
clearly
specific
circumstances
several
involve
suspects
may
done
little
flee
relatively
low
speeds
see
walker
davis
kirby
duva
adams
speers
vaughan
cox
cases
shed
little
light
whether
far
greater
danger
speeding
fugitive
threatening
kill
police
officers
waiting
path
warrant
deadly
force
noted
weapon
ever
seen
surely
circumstances
police
justified
taking
leija
word
twice
told
dispatcher
gun
prepared
use
finally
respondents
argue
danger
leija
represented
less
substantial
threats
courts
found
sufficient
justify
deadly
force
mere
fact
courts
approved
deadly
force
extreme
circumstances
says
little
anything
whether
force
reasonable
circumstances
fact
mullenix
fired
reasonably
understood
leija
fugitive
fleeing
arrest
speeds
miles
per
hour
armed
possibly
intoxicated
threatened
kill
officer
saw
police
abandon
pursuit
racing
towards
officer
ducheneaux
position
even
accepting
circumstances
fall
somewhere
two
sets
cases
respondents
discuss
qualified
immunity
protects
actions
border
excessive
acceptable
force
brosseau
supra
quoting
saucier
internal
quotation
marks
omitted
constitutional
rule
applied
fifth
circuit
debate
stanton
sims
per
curiam
slip
grant
mullenix
petition
certiorari
reverse
fifth
circuit
determination
mullenix
entitled
qualified
immunity
ordered
scalia
concurring
judgment
chadrin
lee
mullenix
beatrice
luna
individually
representative
estate
israel
leija
et
al
petition
writ
certiorari
appeals
fifth
circuit
decided
november
justice
scalia
concurring
judgment
join
judgment
describe
occurred
application
deadly
force
effecting
arrest
prior
cases
reserved
description
directing
force
sufficient
kill
person
desired
arrestee
see
plumhoff
rickard
brosseau
haugen
per
curiam
tennessee
garner
assist
analysis
refer
use
force
happens
kill
arrestee
application
deadly
force
police
might
example
attempt
stop
fleeing
felon
car
felling
large
tree
across
road
drop
tree
late
crushes
car
occupant
call
application
deadly
force
though
force
sufficient
kill
applied
object
harming
body
felon
thus
scott
harris
declined
characterize
officer
scott
use
pursuing
vehicle
bumper
push
fleeing
vehicle
road
application
deadly
force
whether
said
matters
whether
scott
actions
reasonable
also
stacks
deck
officer
seems
describe
action
application
deadly
force
least
arguable
scott
pushing
speeding
vehicle
road
targeting
occupant
injury
death
however
conceded
trooper
mullenix
shoot
wound
kill
fleeing
leija
even
drive
leija
car
road
cause
car
stop
destroying
engine
risky
enterprise
outcome
demonstrated
determining
whether
violated
fourth
amendment
requires
us
ask
whether
reasonable
kill
leija
whether
reasonable
shoot
engine
light
risk
leija
distorts
inquiry
think
make
question
whether
reasonable
mullenix
apply
deadly
force
sotomayor
dissenting
chadrin
lee
mullenix
beatrice
luna
individually
representative
estate
israel
leija
et
al
petition
writ
certiorari
appeals
fifth
circuit
decided
november
justice
sotomayor
dissenting
chadrin
mullenix
fired
six
rounds
dark
car
traveling
miles
per
hour
without
training
tactic
wait
order
superior
officer
less
second
car
hit
spike
strips
deployed
stop
mullenix
rogue
conduct
killed
driver
israel
leija
clearly
established
fourth
amendment
officer
mullenix
position
fired
shots
respectfully
dissent
grant
summary
reversal
resolving
factual
disputes
favor
plaintiffs
must
motion
summary
judgment
mullenix
knew
following
facts
shot
leija
engine
block
leija
led
police
officers
car
chase
speeds
ranging
miles
per
hour
leija
twice
called
police
dispatcher
threatening
shoot
officers
cease
pursuit
ibid
police
officers
deploying
three
sets
spike
strips
order
stop
leija
flight
ibid
officers
trained
stop
car
using
spike
strips
training
included
take
defensive
position
minimize
risk
danger
target
car
ibid
mullenix
knew
spike
strips
set
directly
beneath
overpass
stationed
evidence
officers
mullenix
communication
including
officer
troy
ducheneaux
mullenix
believed
overpass
expressed
concern
safety
mullenix
training
shooting
disable
moving
vehicle
never
seen
tactic
done
also
lacked
permission
take
shots
mullenix
relayed
plan
superior
officer
robert
byrd
byrd
responded
stand
see
spikes
work
first
three
minutes
arriving
overpass
mullenix
fired
six
rounds
leija
car
none
hit
car
engine
block
least
four
struck
leija
upper
body
killing
leija
ii
confronting
claim
qualified
immunity
asks
two
questions
first
considers
whether
officer
fact
violated
constitutional
right
saucier
katz
second
asks
whether
contours
right
sufficiently
clear
reasonable
official
understood
violates
right
quoting
anderson
creighton
rejected
idea
official
action
protected
qualified
immunity
unless
action
question
previously
held
unlawful
instead
crux
qualified
immunity
test
whether
officers
fair
notice
acting
unconstitutionally
hope
pelzer
respondents
allege
mullenix
violated
fourth
amendment
prohibition
unreasonable
seizures
using
deadly
force
apprehend
leija
precedents
clearly
establish
fourth
amendment
violated
unless
effectuating
particular
kind
seizure
outweigh
quality
intrusion
individual
fourth
amendment
interests
scott
harris
quoting
place
must
governmental
interes
effectuating
seizure
also
seizure
carried
tennessee
garner
balancing
particular
governmental
interest
use
deadly
force
intrusion
occasioned
use
force
inherently
inquiry
susceptible
bright
lines
clearly
established
government
must
interest
using
deadly
force
kinds
force
clearly
established
legal
question
question
reasonable
officer
asked
whether
circumstances
known
mullenix
governmental
interest
shooting
car
rather
waiting
run
spike
strips
majority
point
interest
claims
mullenix
goal
merely
stop
car
stop
car
manner
avoided
risks
relying
spike
strips
ante
evidence
record
shooting
leija
engine
block
stop
car
manner
majority
first
suggests
mullenix
wait
results
spikes
superior
advised
concern
officers
manning
strips
leija
going
come
upon
officers
whether
mullenix
shooting
tactic
successful
mullenix
took
shot
leija
yards
away
spike
strip
traveling
miles
per
hour
even
shots
hit
leija
engine
block
car
stopped
instantly
mullenix
bought
officers
trying
protect
officers
trained
take
defensive
positions
less
second
waiting
spike
strips
whatever
threat
leija
posed
car
stopped
existed
whether
car
stopped
shot
engine
block
spike
strips
evidence
shooting
car
reliable
spike
strips
majority
notes
spike
strips
fallible
ante
mullenix
information
suggest
shooting
disable
car
higher
success
rate
much
less
training
night
likely
succeed
moreover
officers
training
setting
spike
strips
also
placed
two
backup
strips
north
along
highway
case
first
set
failed
reasonable
officer
thought
shooting
stop
car
less
danger
greater
certainty
waiting
majority
cites
long
slaton
proposition
mullenix
need
first
tried
less
lethal
methods
spike
strips
ante
case
clear
reason
prefer
deadly
force
alternatives
long
officer
fired
stop
suspect
fleeing
stolen
police
cruiser
officer
fired
alternative
means
stopping
car
place
eleventh
circuit
held
governmental
interest
waiting
future
deployment
spike
strips
may
never
materialize
justified
use
deadly
force
ibid
case
contrast
neither
petitioner
majority
point
possible
marginal
gain
shooting
car
using
spike
strips
already
place
clearly
established
must
governmental
interest
necessitates
deadly
force
even
always
clearly
established
level
governmental
interest
sufficient
circumstances
known
time
mullenix
puts
forth
plausible
reason
choose
shooting
leija
engine
block
waiting
results
spike
strips
thus
hold
mullenix
violated
leija
clearly
established
right
free
intrusion
absent
governmental
interest
iii
majority
largely
evades
key
legal
question
focusing
primarily
governmental
interest
whether
car
stopped
rather
dispositive
question
car
stopped
even
assuming
leija
posed
sufficient
ante
immediate
ante
threat
mullenix
face
choice
two
evils
shooting
suspect
car
letting
go
scott
see
plumhoff
rickard
slip
brosseau
haugen
instead
mullenix
chose
employ
potentially
lethal
tactic
shooting
leija
engine
block
addition
tactic
specifically
designed
accomplish
result
spike
strips
granting
mullenix
qualified
immunity
goes
step
previous
cases
without
full
briefing
argument
thus
framed
apparent
majority
exhortation
right
stake
defined
high
level
generality
see
ante
red
herring
majority
adduces
various
facts
fifth
circuit
supposedly
ignored
qualified
immunity
analysis
including
leija
reportedly
intoxicated
fugitive
set
avoiding
capture
vehicular
flight
twice
flight
threatened
shoot
police
officers
moments
away
encountering
officer
cemetery
road
ante
one
facts
goes
governmental
interest
shooting
awaiting
spike
strips
majority
also
claims
established
law
make
clear
mullenix
reasons
insufficient
justify
choice
shooting
following
superior
orders
wait
spikes
ante
mullenix
seemed
reasons
prefer
shooting
following
orders
instead
dealing
question
whether
mullenix
constitutionally
fire
leija
car
rather
waiting
spike
strips
majority
dwells
imminence
threat
posed
leija
majority
recharacterizes
mullenix
decision
shoot
leija
engine
block
choice
made
suspect
moments
away
ante
indeed
reading
majority
opinion
one
scarcely
believe
mullenix
arrived
overpass
several
minutes
took
shot
rural
road
car
chase
occurred
cars
bystanders
businesses
majority
also
glosses
facts
mullenix
time
ask
byrd
permission
fire
upon
leija
byrd
mullenix
superior
officer
told
mullenix
stand
reason
believe
byrd
information
mullenix
including
knowledge
officer
stationed
beneath
overpass
even
receiving
byrd
response
mullenix
spent
minutes
shooting
position
discussing
next
step
fellow
officer
minutes
received
information
made
plan
suitable
superior
orders
less
ibid
appropriate
reading
record
summary
judgment
thus
render
mullenix
choice
even
unreasonable
asking
appropriate
legal
question
leave
majority
choice
conclude
mullenix
ignored
longstanding
fourth
amendment
rule
must
governmental
interest
seizing
suspect
level
force
used
effectuate
seizure
mullenix
confronted
superior
officer
shooting
first
words
proactive
ibid
mullenix
apparently
referencing
earlier
counseling
session
byrd
suggested
enterprising
enough
ibid
glib
comment
impact
legal
analysis
officer
actual
intentions
irrelevant
fourth
amendment
objectively
reasonable
inquiry
see
graham
connor
comment
seems
revealing
culture
decision
supports
calls
reasonable
even
reasonably
reasonable
use
deadly
force
discernible
gain
supervisor
express
order
stand
sanctioning
shoot
first
think
later
approach
policing
renders
protections
fourth
amendment
hollow
reasons
discussed
deny
mullenix
petition
writ
certiorari
thus
respectfully
dissent
footnotes
although
mullenix
disputes
hearing
byrd
response
view
facts
light
favorable
respondents
oppose
mullenix
motion
summary
judgment
see
tolan
cotton
per
curiam
slip
footnotes
majority
describes
choice
spike
strips
shooting
choice
one
dangerous
alternative
another
noting
spike
strips
pose
danger
drivers
encounter
ante
mullenix
thought
awaiting
spikes
anywhere
near
dangerous
shooting
immediately
leija
hit
spikes
one
thing
mullenix
training
shooting
disable
vehicle
idea
relative
danger
shooting
posed
driver
another
leija
subjected
danger
posed
spike
strips
whether
mullenix
shot
fact
happened
leija
car
hit
spike
strips
rolled
two
half
times
footnotes
although
mullenix
disputes
hearing
byrd
response
view
facts
light
favorable
respondents
oppose
mullenix
motion
summary
judgment
see
tolan
cotton
per
curiam
slip
footnotes
majority
describes
choice
spike
strips
shooting
choice
one
dangerous
alternative
another
noting
spike
strips
pose
danger
drivers
encounter
ante
mullenix
thought
awaiting
spikes
anywhere
near
dangerous
shooting
immediately
leija
hit
spikes
one
thing
mullenix
training
shooting
disable
vehicle
idea
relative
danger
shooting
posed
driver
another
leija
subjected
danger
posed
spike
strips
whether
mullenix
shot
fact
happened
leija
car
hit
spike
strips
rolled
two
half
times