plumhoff et al rickard minor child individually surviving daughter rickard deceased mother rickard parent next friend argued march decided may donald rickard led police officers car chase came temporary halt rickard spun parking lot rickard resumed maneuvering car continued use accelerator even though bumper flush patrol car officer fired three shots rickard car rickard managed drive away almost hitting officer process officers fired shots rickard sped away striking passenger died combination gunshot wounds injuries suffered car eventually crashed respondent rickard minor daughter filed action alleging officers used excessive force violation fourth fourteenth amendments district denied officers motion summary judgment based qualified immunity holding conduct violated fourth amendment contrary clearly established law time question finding appellate jurisdiction sixth circuit held officers conduct violated fourth amendment affirmed district order suggesting agreed officers violated clearly established law held sixth circuit properly exercised jurisdiction gives courts appeals jurisdiction hear appeals final decisions district courts general rule order denying summary judgment motion final decision thus immediately appealable apply based qualified immunity claim johnson jones respondent argues johnson forecloses appellate jurisdiction order johnson immediately appealable merely decided question sufficiency petitioners qualified immunity claims raise legal issues quite different purely factual issues might confronted trial deciding legal issues core responsibility appellate courts create undue burden see scott harris pp officers conduct violate fourth amendment pp addressing question first beneficial develop ing constitutional precedent area courts typically consider cases defendant asserts qualified immunity defense pearson callahan pp respondent argument requires analyzing totality circumstances perspective reasonable officer scene graham connor respondent contends fourth amendment allow officers use deadly force terminate chase even permitted fire weapons went far fired many rounds pp officers acted reasonably using deadly force police officer attempt terminate dangerous car chase threatens lives innocent bystanders violate fourth amendment even places fleeing motorist risk serious injury death scott supra rickard outrageously reckless driving lasted five minutes exceeded miles per hour included passing two dozen motorists posed grave public safety risk record conclusively disproves chase rickard car came temporary standstill officers began shooting circumstances shots fired reasonable officer concluded rickard conduct intent resuming flight pose threat others road pp petitioners fire shots necessary end public safety risk makes sense officers justified firing suspect order end severe threat public safety need stop shooting threat ended span shots fired rickard never abandoned attempt flee eventually managed drive away passenger presence bear whether officers violated rickard fourth amendment rights personal rights may vicariously asserted alderman pp even officers conduct violated fourth amendment petitioners still entitled summary judgment based qualified immunity official sued entitled qualified immunity unless shown official violated statutory constitutional right time challenged conduct ashcroft brosseau haugen officer shot fleeing vehicle prevent possible harm makes plain clearly established law precluded officer conduct thus prevail respondent must meaningfully distinguish brosseau point controlling authority robust cases persuasive authority supra emerged events alter analysis respondent made neither showing anything facts favorable officers facts brosseau respondent points cases said clearly established unconstitutionality using lethal force end car chase pp fed appx reversed remanded alito delivered opinion roberts scalia kennedy thomas sotomayor kagan joined ginsburg joined judgment parts ii breyer joined except part opinion notice opinion subject formal revision publication preliminary print reports readers requested notify reporter decisions washington typographical formal errors order corrections may made preliminary print goes press officer vance plumhoff et petitioners whitne rickard minor child individually surviving daughter donald rickard deceased mother samantha rickard parent next friend writ certiorari appeals sixth circuit may justice alito delivered opinion courts denied qualified immunity police officers shot driver fleeing vehicle put end dangerous car chase reverse hold officers violate fourth amendment alternative conclude officers entitled qualified immunity violated clearly established law case arises denial officers motion summary judgment view facts light favorable nonmoving party daughter driver attempted flee wilkie robbins near midnight july lieutenant joseph forthman west memphis arkansas police department pulled white honda accord car one operating headlight donald rickard driver accord kelly allen passenger seat forthman noticed indentation size head windshield car estate allen west memphis wl wd asked rickard drinking rickard responded rickard failed produce driver license upon request appeared nervous forthman asked step car rather comply forthman request rickard sped away forthman gave chase soon joined five police cruisers driven sergeant vance plumhoff officers jimmy evans lance ellis troy galtelli john gardner officers pursued rickard east interstate toward memphis tennessee attempted stop rickard using rolling roadblock unsuccessful district described vehicles swerving traffic high speeds respondent dispute cars attained speeds miles per see memorandum law response defendants motion summary judgment wd see also tr oral arg chase rickard officers passed two dozen vehicles rickard eventually exited memphis shortly afterward made quick right turn causing contact occu car evans cruiser wl result contact rickard car spun parking lot collided plumhoff cruiser danger cornered rickard put car reverse attempt escape ibid evans plumhoff got cruisers approached rickard car evans gun hand pounded window point rickard car made contact yet another police cruiser ibid rickard tires started spinning car rocking back forth indicating rickard using accelerator even though bumper flush police cruiser point plumhoff fired three shots rickard car rickard reversed degree arc maneuvered onto another street forcing ellis step right avoid vehicle ibid rickard continued fleeing street gardner galtelli fired shots toward rickard car bringing total number shots fired incident rickard lost control car crashed building ibid rickard allen died combination gunshot wounds injuries suffered crash ended chase see app respondent rickard surviving daughter filed action rev stat six individual police officers mayor chief police west memphis alleged officers used excessive force violation fourth fourteenth amendments officers moved summary judgment based qualified immunity district denied motion holding officers conduct violated fourth amendment contrary law clearly established time question officers appealed sixth circuit motions panel initially dismissed appeal lack jurisdiction based decision johnson jones later however panel granted rehearing vacated dismissal order left jurisdictional issue decided merits panel merits panel affirmed district decision merits estate allen west memphis fed appx issue appellate jurisdiction merits panel began stating motion qualified immunity denied basis district determination exists triable issue fact generally appealed interlocutory basis panel noted sixth circuit previously interpreted decision scott harris creating exception rule immediate appeal may taken challenge demonstrably factual determinations fed quoting moldowan warren concluding none district factual determinations ran afoul high standard distinguishing facts case scott panel held officers conduct violated fourth amendment fed panel said nothing whether officers violated clearly established law since panel affirmed order denying officers summary judgment panel must decided issue respondent favor granted certiorari ii start question whether appeals properly exercised jurisdiction gives courts appeals jurisdiction hear appeals final decisions district courts order denying motion summary judgment generally final decision within meaning thus generally immediately appealable johnson general rule apply summary judgment motion based claim qualified immunity mitchell forsyth ualified immunity immunity suit rather mere defense liability pearson callahan quoting mitchell supra result pretrial orders denying qualified immunity generally fall within collateral order doctrine see ashcroft iqbal orders conclusively determine whether defendant entitled immunity suit immunity issue important completely separate merits action question effectively reviewed appeal final judgment time immunity standing trial irretrievably lost see ibid johnson supra citing mitchell supra respondent argues decision johnson forecloses appellate jurisdiction circumstances order appeal taken johnson quite different order present case johnson plaintiff brought suit certain police officers alleged beaten officers moved summary judgment asserting present time alleged beating nothing district determined however evidence summary judgment record sufficient support contrary finding therefore denied officers motion summary judgment officers appealed arguing district correctly analyzed relevant evidence ibid held johnson order immediately appealable merely decided question sufficiency facts party may may able prove trial noted order denying summary judgment based determination evidence sufficiency present legal question sense term used mitchell decision first held pretrial order rejecting claim qualified immunity immediately appealable johnson addition observed determination evidence sufficiency closely related determinations trial may required make later stages case also noted appellate courts comparative expertise trial courts making determinations forcing appellate courts entertain appeals orders impose undue burden district order case nothing like order johnson petitioners claim officers responsible shooting rickard rather contend conduct violate fourth amendment event violate clearly established law thus raise legal issues issues quite different purely factual issues trial might confront case tried deciding legal issues sort core responsibility appellate courts requiring appellate courts decide issues undue burden district order materially distinguishable district order scott harris case expressed doubts jurisdiction appeals accordingly scott hold appeals properly exercised jurisdiction therefore turn merits iii petitioners contend decision appeals wrong two separate reasons maintain violate rickard fourth amendment rights event conduct violate fourth amendment rule clearly established time events question confronted arguments held saucier katz first inquiry must whether constitutional right violated facts alleged deciding question concluded may appellate turn question whether right issue clearly established relevant time ibid subsequently altered rigid framework pearson declaring saucier procedure regarded inflexible requirement time however noted saucier procedure often beneficial promotes development constitutional precedent especially valuable respect questions frequently arise cases qualified immunity defense unavailable pearson concluded courts discretion decide whether cier procedure worthwhile particular cases heeding guidance pearson begin case question whether officers conduct violated fourth amendment approach believe beneficial develop ing constitutional precedent area courts typically consider cases defendant asserts qualified immunity defense see pearson supra claim officers used excessive force effect seizure governed fourth amendment reasonableness standard see graham connor tennessee garner graham held determining objective reasonableness particular seizure fourth amendment requires careful balancing nature quality intrusion individual fourth amendment interests countervailing governmental interests stake internal quotation marks omitted inquiry requires analyzing totality circumstances see ibid analyze question perspective reasonable officer scene rather vision hindsight ibid thus allo fact police officers often forced make judgments circumstances tense uncertain rapidly evolving amount force necessary particular situation case respondent advances two main fourth amendment arguments first contends fourth amendment allow petitioners use deadly force terminate chase see brief respondent second argues degree force excessive even officers permitted fire weapons went far fired many rounds see address issue turn scott considered claim police officer violated fourth amendment terminated car chase using technique placed fleeing motorist risk serious injury death record case contained videotape chase found events recorded tape justified officer conduct wrote follows although obvious way quantify risks either side clear videotape respondent posed actual imminent threat lives pedestrians might present civilian motorists officers involved chase also wrote espondent vehicle rac ed narrow roads dead night speeds shockingly fast see swerve around dozen cars cross line force cars traveling directions respective shoulders avoid hit see run multiple red lights travel considerable periods time occasional center lane chased numerous police cars forced engage hazardous maneuvers keep omitted light facts thought quite clear police officer violate fourth amendment held police officer attempt terminate dangerous car chase threatens lives innocent bystanders violate fourth amendment even places fleeing motorist risk serious injury death see basis reaching different conclusion explained supra chase case exceeded miles per hour lasted five minutes chase rickard passed two dozen vehicles several forced alter course rickard outrageously reckless driving posed grave public safety risk true rickard car eventually collided police car came temporarily near standstill end chase less three seconds later rickard resumed maneuvering car shots fired front bumper car flush one police cruisers rickard obviously pushing accelerator car wheels spinning rickard threw car reverse attempt escape thus record conclusively disproves respondent claim chase present case already petitioners began shooting circumstances moment shots fired reasonable police officer concluded rickard intent resuming flight allowed pose deadly threat others road rickard conduct even shots fired noted managed drive away despite efforts police block path underscores point light circumstances discussed beyond serious dispute rickard flight posed grave public safety risk scott police acted reasonably using deadly force end risk consider respondent contention even use deadly force permissible petitioners acted unreasonably firing total shots reject argument stands reason police officers justified firing suspect order end severe threat public safety officers need stop shooting threat ended petitioners noted lethal force justified officers taught keep shooting threat fed span shots fired rickard never abandoned attempt flee indeed even shots fired managed drive away continue driving crashed different case petitioners initiated second round shots initial round clearly incapacitated rickard ended threat continued flight rickard clearly given happened arguing many shots fired respondent relies part presence kelly allen front seat car think factor changes calculus cases make clear fourth amendment rights personal rights may vicariously asserted alderman see also rakas illinois thus question us whether petitioners violated rickard fourth amendment rights allen suit brought behalf allen either state tort law risk allen central allen presence car enhance rickard fourth amendment rights rickard put allen danger fleeing refusing end chase perverse disregard allen safety worked benefit held petitioners conduct violate fourth amendment even case petitioners still entitled summary judgment based qualified immunity official sued entitled qualified immunity unless shown official violated statutory constitutional right time challenged conduct ashcroft slip defendant said violated clearly established right unless right contours sufficiently definite reasonable official defendant shoes understood violating slip words existing precedent must placed statutory constitutional question confronted official beyond debate ibid addition repeatedly told courts define clearly established law high level generality slip since avoids crucial question whether official acted reasonably particular circumstances faced think decision brosseau haugen per curiam squarely demonstrates clearly established law precluded petitioners conduct time question brosseau held police officer violate clearly established law fired fleeing vehicle prevent possible harm officers foot believed immediate area occupied vehicles driver path citizens might area quoting internal quotation marks omitted surveying lower decisions regarding reasonableness lethal force response vehicular flight observed area result depends much facts case cases means establish ed officer conduct violated fourth amendment reaching conclusion held garner graham cast high level generality clearly establish officer decision unreasonable brosseau makes plain february date events issue case clearly established unconstitutional shoot fleeing driver protect flight might endanger consider later decided cases given fair notice officer defeat immunity respondent must show minimum either officers conduct case materially different conduct brosseau february july emerged either robust cases persuasive authority supra slip quoting wilson layne internal quotation marks omitted alter analysis qualified immunity question respondent made neither showing begin certain facts favorable officers brosseau officer foot fired driver begun flee yet driven car dangerous manner contrast officers shot rickard put end already lengthy pursuit indisputably posed danger officers involved civilians happened nearby indeed lone dissenting justice brosseau emphasized case ongoing prior car chase inform constitutional analysis opinion stevens attempting distinguish brosseau respondent focuses fact officer fired shot whereas three officers collectively fired shots certainly clearly established time shooting case number shots fired circumstances present rendered use force excessive since respondent meaningfully distinguish brosseau option show analysis date yet respondent pointed us case let alone controlling case robust consensus cases decided said clearly established unconstitutionality using lethal force end car chase respondent receives help front opinions district cited single case decided identified possible constitutional violation officer shot fleeing driver facts case reasonable jury concluded suspect merely accelerated eighty miles per hour zone engag evasive maneuvers vaughan cox bear little resemblance circumstances present case hold fourth amendment prohibit petitioners using deadly force employed terminate dangerous car chase rickard precipitated alternative note petitioners entitled qualified immunity conduct issue violated clearly established law judgment appeals reversed case remanded proceedings consistent opinion ordered footnotes ginsburg joins judgment parts ii opinion justice breyer joins opinion except part also undisputed forthman saw glass shavings dashboard rickard car sign windshield broken recently another officer testified windshield indentation glass shavings justified suspicion someone possibly struck vehicle like forthman saw beer rickard car see app response defendant statement undisputed material facts wd expressing confusion whether dismiss affirm panel wrote seem affirming district judgment fed holding petitioners conduct violated fourth amendment district relied reasoning irreconcilable decision scott district held danger presented chase justify use deadly force danger caused officers decision continue chase estate allen west memphis wl wd scott however declined lay rule requiring police allow fleeing suspects get away whenever drive recklessly put people lives danger concluding constitution assuredly impose invitation seems disagreement among lower courts whether passenger allen situation recover fourth amendment theory compare vaughan cox suggesting yes fisher memphis milstead kibler suggesting cruz cosme express view question also note county sacramento lewis held passenger killed result police chase recover substantive due process theory officer purpose cause harm unrelated legitimate object arrest