''Saucier v. Katz'', 533 U.S. 194 (2001), was a
United States Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
case in which the Court considered the
qualified immunity
In the United States, qualified immunity is a legal principle that grants government officials performing discretionary (optional) functions immunity from civil suits unless the plaintiff shows that the official violated "clearly established statu ...
of a police officer to a civil rights case brought through a
Bivens action.
Background
In 1994, the
Presidio Army Base in
San Francisco
San Francisco (; Spanish language, Spanish for "Francis of Assisi, Saint Francis"), officially the City and County of San Francisco, is the commercial, financial, and cultural center of Northern California. The city proper is the List of Ca ...
,
California
California is a U.S. state, state in the Western United States, located along the West Coast of the United States, Pacific Coast. With nearly 39.2million residents across a total area of approximately , it is the List of states and territori ...
, was the site of an event to celebrate the conversion of the base to a national park. Elliot Katz, the president of a group called In Defense of Animals, brought a cloth banner, approximately 4 by 3 feet, that read "Please Keep Animal Torture Out of Our National Parks", to voice opposition to the possibility that the
Letterman Army Hospital
The Letterman Army Hospital, established around 1898 and redesignated as the Letterman Army Medical Center (LAMC) in 1969, was a US Army facility at the Presidio of San Francisco in San Francisco, California, US. It was decommissioned in 1994. ...
might be used for experiments on animals.
While
Vice President
A vice president, also director in British English, is an officer in government or business who is below the president (chief executive officer) in rank. It can also refer to executive vice presidents, signifying that the vice president is on t ...
Al Gore
Albert Arnold Gore Jr. (born March 31, 1948) is an American politician, businessman, and environmentalist who served as the 45th vice president of the United States from 1993 to 2001 under President Bill Clinton. Gore was the Democratic Part ...
began giving a speech, Katz removed the banner from his jacket, started to unfold it, and walked toward the fence and speakers' platform. Petitioner Donald Saucier, a
military police officer on duty that day, had been warned by his superiors of the possibility of demonstrations with Katz being previously identified as a potential protester. Saucier and Sergeant Steven Parker, another military police officer, moved to intercept Katz as he walked toward the fence. As Katz reached the barrier and began placing the banner on the other side, the officers grabbed Katz from behind, took the banner, and rushed him out of the area. Each officer had one
of Katz's arms, half-walking, half-dragging him, with his feet "barely touching the ground". Saucier and Parker took Katz to a nearby military van, where, Katz claims, he was shoved or thrown inside.
Katz brought an action in the
against Saucier and other officials pursuant to ''
Bivens v. Six Unknown Named Agents'', alleging that defendants had violated his
Fourth Amendment rights by using
excessive force
Excessive Force is a musical side project started in 1991 by Sascha Konietzko of KMFDM and Buzz McCoy of My Life with the Thrill Kill Kult.
History
In 1991, Excessive Force released the single "Conquer Your House", followed by the album ''Conque ...
to arrest him.
Decision
The Supreme Court in an opinion delivered by
Justice Kennedy
Anthony McLeod Kennedy (born July 23, 1936) is an American lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1988 until his retirement in 2018. He was nominated to the court in 1987 by Preside ...
held that Saucier was entitled to
qualified immunity
In the United States, qualified immunity is a legal principle that grants government officials performing discretionary (optional) functions immunity from civil suits unless the plaintiff shows that the official violated "clearly established statu ...
.
The Supreme Court held that qualified immunity analysis must proceed in two steps. A court must first ask whether "the facts alleged show the officer’s conduct violated a constitutional right". Then, if a constitutional right was violated, the court would go on to determine whether the constitutional right was "clearly established".
In its 2009 decision in ''
Pearson v. Callahan
''Pearson v. Callahan'', 555 U.S. 223 (2009), was a case decided by the United States Supreme Court dealing with the doctrine of qualified immunity..
The case centered on the application of mandatory sequencing in determining qualified immunity a ...
''
[.] the Supreme Court modified the two-step immunity analysis imposed in ''Saucier'' to make its application less restrictive. ''Saucier'' required courts to confront the first prong of the analysis before they move on to the second, but ''Pearson'' says "the ''Saucier'' protocol should not be regarded as mandatory in all cases".
''Pearson'' goes on to say, "Our decision does not prevent the lower courts from following the ''Saucier'' procedure; it simply recognizes that those courts should have the discretion to decide whether that procedure is worthwhile in particular cases."
See also
*
List of United States Supreme Court cases, volume 533
This is a list of all United States Supreme Court cases from volume 533 of the ''United States Reports
The ''United States Reports'' () are the official record ( law reports) of the Supreme Court of the United States. They include rulings, ord ...
*
List of United States Supreme Court cases
This page serves as an index of lists of United States Supreme Court cases. The United States Supreme Court is the highest federal court of the United States.
By Chief Justice
Court historians and other legal scholars consider each Chief J ...
References
Further reading
*
External links
*
{{United States tort case law
United States Supreme Court cases
United States constitutional torts case law
2001 in United States case law
United States Fourth Amendment case law
Overruled United States Supreme Court decisions
United States Supreme Court cases of the Rehnquist Court