Scott v. Harris
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''Scott v. Harris'', 550 U.S. 372 (2007), was a decision by the Supreme Court of the United States involving a lawsuit against a sheriff's deputy brought by a
motorist Driving is the controlled operation and movement of a vehicle, including cars, motorcycles, trucks, buses, and bicycles. Permission to drive on public highways is granted based on a set of conditions being met and drivers are required to fol ...
who was
paralyzed Paralysis (also known as plegia) is a loss of motor function in one or more muscles. Paralysis can also be accompanied by a loss of feeling (sensory loss) in the affected area if there is sensory damage. In the United States, roughly 1 in 5 ...
after the officer ran his eluding vehicle off the road during a high-speed car chase. The driver contended that this action was an unreasonable
seizure An epileptic seizure, informally known as a seizure, is a period of symptoms due to abnormally excessive or synchronous neuronal activity in the brain. Outward effects vary from uncontrolled shaking movements involving much of the body with l ...
under the Fourth Amendment. The case also involved the question of whether a police officer's
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 ...
shielded him from suit under
Section 1983 The Enforcement Act of 1871 (), also known as the Ku Klux Klan Act, Third Enforcement Act, Third Ku Klux Klan Act, Civil Rights Act of 1871, or Force Act of 1871, is an Act of the United States Congress which empowered the President to suspend ...
. On April 30, 2007, in an 8–1 decision, the court sided with police and ruled that a "police officer's attempt to terminate a dangerous high-speed car chase that threatens the lives of innocent bystanders does not violate the Fourth Amendment, even when it places the fleeing motorist at risk of serious injury or death." In a rare occurrence, the court accepted the presentation of video evidence of the high-speed pursuit. Such procedure is quite uncommon in the Supreme Court and was viewed as part of an interesting relationship between the Supreme Court and technology. The video had a strong effect on the Court's decision and is viewed as a major factor in how the court made its decision. The author of the opinion, Justice Antonin Scalia, in a first-time occurrence ever, posted the video of the car chase online (for access to the video, see external links below). Justice John Paul Stevens, the lone dissenter, argued that the videotape evidence was not decisive, as the majority claimed it to be, and that a jury should determine if deadly force was justified. He stated a jury should be used, instead of the case "being decided by a group of elderly appellate judges," a reference to himself and his colleagues on the court (this sentence is not in the text of the dissent, but he pronounced it while reading the opinion at bench).Associated Pres
"Court Sides With Cops On High-Speed Chase, Supreme Court Rejects Arguments Of Man Paralyzed in Crash Stemming From Police Pursuit"
''CBS News'', April 30, 2007.
Three law professors created an experiment based on the video, showing it to over a thousand subjects and then asking them whether they thought the use of deadly force was reasonable. The study found " fairly substantial majority did interpret the facts the way the Court did. But members of various subcommunities did not." The study and the disagreement over the reasonableness of the use of deadly force was reported in the Harvard Law Review.


See also

* '' Tennessee v. Garner'', * ''
Plumhoff v. Rickard ''Plumhoff v. Rickard'', 572 U.S. 765 (2014), is a Supreme Court of the United States, United States Supreme Court case involving the use of force by police officers during high-speed car chases. After first holding that it had jurisdiction to h ...
'', 572 U.S. ___ (2014)


References


External links

* * Supreme Court Scott v. Harris video *
Court-posted format
( mp4 file). *
streaming version, and MPEG4 and MPEG2 downloads

Analysis and editing of the Scott v. Harris video
{{US4thAmendment, seizures, state=expanded United States Supreme Court cases United States Fourth Amendment case law 2007 in United States case law United States Supreme Court cases of the Roberts Court