saucier katz et argued march decided june respondent katz president respondent defense animals filed suit pursuant bivens six unknown fed narcotics agents inter alios petitioner saucier military policeman katz alleged among things saucier violated fourth amendment rights using excessive force arresting protested vice president gore speech san francisco army base district declined grant saucier summary judgment qualified immunity grounds affirming ninth circuit made qualified immunity inquiry first found law governing saucier conduct clearly established incident occurred therefore moved second step determine reasonable officer believed light clearly established law conduct lawful concluded step merits fourth amendment excessive force claim identical since concern objective reasonableness officer conduct light circumstances officer faced scene thus found summary judgment based qualified immunity inappropriate held qualified immunity ruling requires analysis susceptible fusion question whether unreasonable force used making arrest ninth circuit approach reconciled anderson creighton qualified immunity defense must considered proper sequence ruling made early proceedings cost expenses trial avoided defense dispositive immunity entitlement stand trial defense liability mitchell forsyth initial inquiry whether constitutional right violated facts alleged right violated need inquiry immunity however violation made favorable view parties submissions next sequential step whether right clearly established inquiry must undertaken light case specific context broad general proposition relevant dispositive inquiry whether clear reasonable officer conduct unlawful situation confronted see wilson layne ninth circuit approach deny summary judgment material issue fact remains excessive force claim undermine goal qualified immunity avoid excessive disruption government permit resolution many insubstantial claims summary judgment harlow fitzgerald law put officer notice conduct clearly unlawful summary judgment based qualified immunity appropriate ninth circuit concluded qualified immunity duplicative excessive force case thus eliminating need second step holding qualified immunity applied fourth amendment context official misconduct claim anderson rejected argument distinction reasonableness standard warrantless searches qualified immunity inquiry attempt distinguish anderson katz claims subsequent graham connor decision set forth excessive force analysis indistinguishable qualified immunity thus rendering separate immunity inquiry superfluous inappropriate cases contrary arguments immunity excessive force inquiries remain distinct graham graham sets forth factors relevant merits constitutional excessive force claim include severity crime whether suspect poses threat officers others whether actively resisting arrest attempting evade arrest flight officer reasonably mistakenly believed suspect likely fight back instance officer justified using force fact needed qualified immunity inquiry concern hand acknowledge reasonable mistakes made legal constraints particular police conduct officer might correctly perceive relevant facts mistaken understanding whether particular amount force legal circumstances pp petitioner entitled qualified immunity assuming constitutional violation occurred facts alleged question whether general prohibition source clearly established law contravened circumstances circumstances presented petitioner included duty protect vice president safety security persons unknown number clearly established rule prohibiting acting conclusion confirmed uncontested fact force used dragging katz area shoving placing van excessive respondent suffered hurt injury pp reversed remanded kennedy delivered opinion rehnquist scalia thomas joined souter joined parts ii ginsburg filed opinion concurring judgment stevens breyer joined souter filed opinion concurring part dissenting part donald saucier petitioner elliot katz defense animals writ certiorari appeals ninth circuit june justice kennedy delivered opinion case citizen alleged excessive force used arrest arresting officer asserted defense qualified immunity matter address whether requisite analysis determine qualified immunity intertwined question whether officer used excessive force making arrest qualified immunity constitutional violation issues treated one question decided trier fact appeals held inquiries merge single question reverse hold ruling qualified immunity requires analysis susceptible fusion question whether unreasonable force used making arrest autumn presidio army base san francisco site event celebrate conversion base national park among speakers vice president albert gore attracted several hundred observers military general public attendance hand celebrate however respondent elliot katz concerned army letterman hospital used conducting experiments animals katz president group called defense animals although group respondents issues discuss center upon katz refer respondent voice opposition possibility hospital might used experiments respondent brought cloth banner approximately feet read please keep animal torture national parks past respondent aware members public asked leave military base engaged certain activities distributing handbills kept banner concealed jacket walked base area designated speakers contained seating general public separated stage fence respondent sat front row public seating area time vice president gore began speaking respondent removed banner jacket started unfold walked toward fence speakers platform petitioner donald saucier military police officer duty day warned superiors possibility demonstrations respondent identified potential protestor petitioner sergeant steven parker also military police officer party suit recognized respondent moved intercept walked toward fence reached barrier began placing banner side officers grabbed respondent behind took banner rushed area officer one respondent arms feet barely touching ground app respondent wearing visible leg brace although petitioner later testified remember noticing time saucier parker took respondent nearby military van respondent claims shoved thrown inside reason shove remains unclear seems agreed respondent placed feet somewhere outside van perhaps bumper dispute whether resist result shove respondent claims fell floor van caught time avoid injury officers drove respondent military police station held brief time released though details clear appears least one protestor also placed van detained brief time respondent brought action district northern district california petitioner officials pursuant bivens six unknown fed narcotics agents alleging inter alia defendants violated respondent fourth amendment rights using excessive force arrest district granted defendants motions summary judgment grounds qualified immunity claims excessive force claim saucier held dispute material fact existed concerning whether excessive force used remove respondent crowd place van app pet cert district held law governing excessive force claims clearly established time arrest fourth amendment context qualified immunity inquiry inquiry made merits result ruled petitioner entitled summary judgment appeals ninth circuit petitioner filed interlocutory appeal denial qualified immunity appeals affirmed noting outset analysis qualified immunity questions first appeals considers whether law governing official conduct clearly established ends matter official entitled immunity however law clearly established conduct occurred appeals second step determine reasonable officer believed light clearly established law conduct lawful ibid first step analysis observed graham connor sets forth objective reasonableness test evaluating excessive force claims principle appeals concluded clearly established qualified immunity purposes concluded second step qualified immunity inquiry merits fourth amendment excessive force claim identical since concern objective reasonableness officer conduct light circumstances officer faced scene reasoning summary judgment based qualified immunity held inappropriate saucier represented government sought review arguing appeals erred view qualified immunity inquiry constitutional inquiry becomes superfluous duplicative excessive force alleged granted certiorari ii appeals ruled first right clearly established second reasonableness inquiry excessive force meant need consider aspects qualified immunity leaving whole matter jury approach reconciled anderson creighton however error two respects shall explain first inquiry must whether constitutional right violated facts alleged second assuming violation established question whether right clearly established must considered specific level recognized appeals suit officer alleged violation constitutional right requisites qualified immunity defense must considered proper sequence defendant seeks qualified immunity ruling issue made early proceedings costs expenses trial avoided defense dispositive qualified immunity entitlement stand trial face burdens litigation mitchell forsyth privilege immunity suit rather mere defense liability like absolute immunity effectively lost case erroneously permitted go trial ibid result repeatedly stressed importance resolving immunity questions earliest possible stage litigation hunter bryant per curiam required rule upon qualified immunity issue must consider threshold question taken light favorable party asserting injury facts alleged show officer conduct violated constitutional right must initial inquiry siegert gilley course determining whether constitutional right violated premises alleged might find necessary set forth principles become basis holding right clearly established process law elaboration case case one reason insisting upon turning existence nonexistence constitutional right first inquiry law might deprived explanation simply skip ahead question whether law clearly established officer conduct unlawful circumstances case constitutional right violated allegations established necessity inquiries concerning qualified immunity hand violation made favorable view parties submissions next sequential step ask whether right clearly established inquiry vital note must undertaken light specific context case broad general proposition serves advance understanding law allow officers avoid burden trial qualified immunity applicable litigation instance doubt graham connor supra clearly establishes general proposition use force contrary fourth amendment excessive objective standards reasonableness yet enough rather emphasized anderson right official alleged violated must clearly established particularized hence relevant sense contours right must sufficiently clear reasonable official understand violates right explained anderson right allegedly violated must defined appropriate level specificity determine clearly established approach appeals adopted deny summary judgment time material issue fact remains excessive force claim undermine goal qualified immunity avoid excessive disruption government permit resolution many insubstantial claims summary judgment harlow fitzgerald law put officer notice conduct clearly unlawful summary judgment based qualified immunity appropriate see malley briggs qualified immunity protects plainly incompetent knowingly violate law say formulation general rule beside point insist courts must agreed upon precise formulation standard assuming instance various courts agreed certain conduct constitutional violation facts distinguishable fair way facts presented case hand officer entitled qualified immunity based simply argument courts agreed one verbal formulation controlling standard appeals concluded qualified immunity merely duplicative excessive force case eliminating need second step constitutional violation found based allegations anderson warrantless search case rejected argument distinction reasonableness standard warrantless searches qualified immunity inquiry acknowledged surface appeal argument fourth amendment guarantee right free unreasonable searches seizures inconsistent conclude officer acted unreasonably constitutional standard nevertheless entitled immunity reasonably acted unreasonably superficial similarity however overcome either history applying qualified immunity analysis fourth amendment claims officers justifications applying doctrine area officers perform duties considerable uncertainty whether particular searches seizures comport fourth amendment respect moreover argument made anderson exception made fourth amendment cases observed heavy burden argument must sustain successful since doctrine qualified immunity reflects balance struck across board quoting harlow fitzgerald supra held qualified immunity applied fourth amendment context claim official misconduct faced heavy burden distinguishing anderson carving exception typical qualified immunity analysis applied fourth amendment contexts primary submission respondent defense appeals decision decision graham connor somehow changes matters graham respondent view sets forth excessive force analysis indistinguishable qualified immunity rendering separate immunity inquiry superfluous inappropriate respondent asserts like qualified immunity analysis applicable contexts excessive force test already affords officers latitude mistaken beliefs amount force necessary graham addressed excessive force area concerns expressed anderson brief respondents respondent points graham address interaction excessive force claims qualified immunity since issue raised see respondent seeks distinguish anderson theory issue probable cause implicates evolving legal standards resulting legal uncertainty subject raising recurrent questions qualified immunity contrast respondent says excessive force governed standard established graham standard providing ample guidance particular situations finally respondent adopts suggestion made one appeals relevant distinction probable cause ex post inquiry whereas excessive force like qualified immunity evaluated ex ante perspective see finnegan fountain arguments attempted distinctions bear weight respondent seeks place upon graham change qualified immunity framework explained anderson inquiries qualified immunity excessive force remain distinct even graham graham held claims excessive force context arrests investigatory stops analyzed fourth amendment objective reasonableness standard substantive due process principles police officers often forced make judgments circumstances tense uncertain rapidly evolving amount force necessary particular situation reasonableness officer belief appropriate level force judged perspective set test cautioned vision hindsight favor deference judgment reasonable officers scene graham sets forth list factors relevant merits constitutional excessive force claim requir ing careful attention facts circumstances particular case including severity crime issue whether suspect poses immediate threat safety officers others whether actively resisting arrest attempting evade arrest flight officer reasonably mistakenly believed suspect likely fight back instance officer justified using force fact needed qualified immunity inquiry hand dimension concern immunity inquiry acknowledge reasonable mistakes made legal constraints particular police conduct sometimes difficult officer determine relevant legal doctrine excessive force apply factual situation officer confronts officer might correctly perceive relevant facts mistaken understanding whether particular amount force legal circumstances officer mistake law requires reasonable however officer entitled immunity defense graham always give clear answer whether particular application force deemed excessive courts nature test must accommodate limitless factual circumstances reality serves refute respondent claimed distinction excessive force fourth amendment contexts spheres law must elaborated case case qualified immunity operates case others protect officers sometimes hazy border excessive acceptable force priester riviera beach ensure subjected suit officers notice conduct unlawful graham anderson refute excessive cause distinction much respondent position seems depend deference owed officers facing suits alleged excessive force different qualitative respect probable cause inquiry anderson officers reasonable mistaken beliefs facts establishing existence probable cause exigent circumstances example situations courts hold violated constitution yet even hold officer violated fourth amendment conducting unreasonable warrantless search anderson still operates grant officers immunity reasonable mistakes legality actions analysis applicable excessive force cases addition deference officers receive underlying constitutional claim qualified immunity apply event mistaken belief reasonable temporal perspective inquiry whether labeled ex ante ex post offers meaningful distinction excessive force fourth amendment suits graham recognized much reviewing several probable cause search warrant cases stating ith respect claim excessive force standard reasonableness moment applies probable cause arrest hill california search warrant requirements maryland garrison see also hunter bryant excessive force claims like fourth amendment issues evaluated objective reasonableness based upon information officers conduct occurred iii case presented appeals assumption respondent seizure brief detention violate clearly established first amendment privileges violate fourth amendment right free arrest without probable cause distinct force used detain sole question whether force used violated clearly established fourth amendment protection petitioner entitled immunity instruction district courts courts appeal concentrate outset definition constitutional right determine whether facts alleged constitutional violation found important said procedure permits courts appropriate cases elaborate constitutional right greater degrees specificity granted certiorari determine whether qualified immunity appropriate however limits imposed upon us questions granted review assume constitutional violation occurred facts alleged based simply general rule prohibiting excessive force proceed question whether general prohibition excessive force source clearly established law contravened circumstances officer faced contravention standard though doubtful force used excessive need rest conclusion determination question officer reasonably understood powers responsibilities acted clearly established standards respondent excessive force claim part depends upon gratuitously violent shove allegedly received placed van although respondent notes well alleged violation resulted totality circumstances including way removed speaking area see brief respondents circumstances however disclose substantial grounds officer concluded legitimate justification law acting graham noted ur fourth amendment jurisprudence long recognized right make arrest investigatory stop necessarily carries right use degree physical coercion threat thereof effect reasonable officer petitioner position believed hurrying respondent away scene vice president speaking respondent approached fence designed separate public speakers within bounds appropriate police responses petitioner know full extent threat respondent posed many persons might concert respondent posed threat security vice president potential protestors crowd least one individual arrested placed van respondent carrying detention assumed officers right petitioner required recognize necessity protect vice president securing respondent restoring order scene said clearly established rule prohibit using force petitioner place respondent van accomplish objectives shove respondent received placed van circumstances show degree urgency approved observation ot every push shove even may later seem unnecessary peace judge chambers violates fourth amendment ibid citations omitted pushes shoves like police conduct must judged fourth amendment standard reasonableness circumstances presented officer included duty protect safety security vice president persons unknown number neither respondent appeals identified case demonstrating clearly established rule prohibiting officer acting aware rule conclusion confirmed uncontested fact force excessive respondent suffered hurt injury premises petitioner entitled qualified immunity suit dismissed early stage proceedings judgment appeals reversed case remanded proceedings consistent opinion ordered donald saucier petitioner elliot katz defense animals writ certiorari appeals ninth circuit june justice ginsburg justice stevens justice breyer join concurring judgment graham connor announced described objective reasonableness standard govern claims law enforcement officers violation fourth amendment used excessive force course arrest measuring material facts case subject genuine dispute graham standard conclude officer saucier motion summary judgment granted therefore concur judgment however travel complex route lays lower courts application graham objective reasonableness standard necessary currently governing precedent view sufficient resolve cases genre today tacks graham inquiry second overlapping objective reasonableness inquiry purportedly demanded qualified immunity doctrine test today decision imposes holds large potential confuse endeavors bring abstract instructions earth suspect bear lower courts already observed paradigmatically determination police misconduct excessive force cases availability qualified immunity hinge question taking account particular circumstances confronting defendant officer reasonable officer identically situated believed force employed lawful see roy inhabitants city lewiston rowland perry nothing nothing else need answered case claims law enforcement officers used excessive force course arrest graham made explicit judged fourth amendment reasonableness standard rather substantive due process approach underlying intent motive relevant inquiry rather question whether officers actions objectively reasonable light facts circumstances confronting proper perspective judging excessive force claim graham explained reasonable officer scene moment force employed every push shove cautioned even may later seem unnecessary peace judge chambers violates fourth amendment ibid citation omitted calculus reasonableness must allow reality police officers often forced make judgments force particular situation warrants circumstances tense uncertain rapidly evolving graham instructions question case whether officer saucier light facts circumstances confronting reasonably believed acted lawfully mine run sive force cases inquiry complex warranted inspecting case graham lens without doubling objectively reasonable inquiry agree katz submissions slim put officer saucier burden trial points genuinely doubt reasonable officer saucier position believed hurrying katz away scene within bounds appropriate police responses ante katz excessive force claim thus depended gratuitously violent shove allegedly received ante see brief respondents conceding gratuitous violent shove essential katz excessive force claim yet katz failed proffer proof pretrial discovery saucier distinguished fellow officer hand allegedly violent saucier deposition denied participating shove see app katz deposition said without elaborating parker saucier pretty much threw shoved critically point katz say specifically saucier parker pushed shoved katz reluctance directly charge saucier pushing shoving understandable view television news videotape episode katz presented exhibit complaint see app pet cert videotape shows shove described katz gratuitously violent came officer right side police van officer positioned left side undisputed officer right parker officer left saucier see pet cert brief petitioner mindful graham cautionary observation ot every push shove even may later seem unnecessary peace judge chambers violates fourth amendment citation omitted view katz failure deny shove alleged establish excessive force came parker alone saucier persuaded katz tendered triable excessive force claim ii opinion graham inadequate control adjudication excessive force cases graham must overlaid maintains sequential qualified immunity inquiry ante instructs lower courts first undertake appears unadorned graham inquiry consider initially whether parties submissions viewed favorably plaintiff show officer conduct violated fourth amendment ante plaintiff prevails threshold question ante trial proceed dispositive qualified immunity inquiry asking whether clear reasonable officer conduct unlawful situation confronted ante instant case however finds procedural impediments stop considering first whether constitutional right violated facts alleged ante therefore assume constitutional violation occurred ante supposes trier found officer saucier used force excessive graham definition even reasons qualified immunity shield saucier concluded legitimate justification law acting ante skipping ahead basic graham constitutional violation inquiry admonished lower courts undertake outset failed home duplication inherent scheme lower courts dealing excessive force cases ground recognized however decisions invoke objectively reasonable standard describing constitutional test liability citing graham roy see street parham describing excessive force case one determination liability availability qualified immunity depend findings words officer uses force objectively reasonable light facts circumstances confronting graham simultaneously meets standard qualified immunity see ante standard set graham decision merits favor conversely officer whose conduct objectively unreasonable graham find shelter sequential qualified immunity test double counting objective reasonableness appears suggest ante demanded anderson twice restated qualified immunity shields conduct officialdom across board brennan concurring see also anderson unwilling complicate qualified immunity analysis making scope extent immunity turn precise nature various officials duties precise character particular rights alleged violated see however excessive force cases meet anderson test anderson presented question whether particular search conducted without warrant supported probable cause exigent circumstances answer question often far law area constantly evolving correspondingly variously interpreted aptly observed second circuit even learned experienced jurists difficulty defining rules govern determination probable cause tries find way thicket police officer must held act peril bivens six unknown named agents federal bureau narcotics remand light anderson reasoned law enforcement officers whose judgments making difficult determinations whether particular searches seizures comport fourth amendment objectively legally reasonable held personally liable damages officials making analogous determinations areas law emphasis added foregoing discussion indicates however excessive force typically analogous determination constitutional issue whether officer use force reasonable given circumstances routinely answered simply following graham directions inquiring graham whether officer use force within range reasonable options decisionmaker also necessarily answering question whether reasonable officer believed use force lawful anderson see street difficulty deciding issues conduct officer may objectively reasonable even cause exist excessive force cases factfinder determined force used unnecessary circumstances question objective reasonableness also foreclosed fears dispensing duplicative qualified immunity inquiry mean leaving whole matter jury ante experience teaches otherwise lower courts armed graham directions shied away granting summary judgment defendant officials fourth amendment excessive force cases challenged conduct objectively reasonable based relevant undisputed facts see wilson spain address ing one fell swoop defendant qualified immunity merits plaintiff fourth amendment excessive force claim concluding officer conduct objectively reasonable circumstances summary judgment officer proper roy single objective reasonableness test district properly granted summary judgment defendant wardlaw pickett cadc indeed case earlier explained see supra fits summary judgment bill course excessive force claim turns two conflicting stories best captures happened street graham permit summary judgment favor defendant official plaintiff proffers evidence official subdued chokehold even though complied times orders official proffers evidence used stern words trial must case procedure altogether inutile reasons stated concur judgment inquiry ordered determined officer violated fourth amendment using objectively unreasonable force term explained graham connor simply work qualified immunity inquiry donald saucier petitioner elliot katz defense animals writ certiorari appeals ninth circuit june justice souter concurring part dissenting part join parts ii opinion remand case application qualified immunity standard footnotes though named defendant parker never served complaint therefore become party litigation see brief petitioner see fed rule civ proc motion summary judgment made supported provided rule adverse party may rest upon mere allegations denials adverse party pleading adverse party response must set forth specific facts showing genuine issue observes dispute whether katz resisting arrest time placed van ante dispute irrelevant however view absence indication saucier employed excessive force removing katz site celebration placing van see rowland perry isputed versions facts alone enough warrant denial summary judgment observation neither respondent appeals ha identified case demonstrating clearly established rule prohibiting officer acting ante must read light previous caution action question need previously held unlawful plaintiff defeat qualified immunity anderson creighton wilson layne prototypical case accorded qualified immunity police permitted media accompany search house constitutionality practice unsettled time wilson remained spoke upholding summary judgment police officer shot armed intoxicated belligerently behaving arrestee first circuit roy elaborated intends surround police make choices dangerous situations fairly wide zone protection close cases decisions circuit circuits consistent view close cases jury automatically get life death decisions even though plaintiff expert plausible claim situation better handled differently omitted