Plumhoff v. Rickard
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 12-1117 | 6th Cir. | Mar 4, 2014 | May 27, 2014 | 9-0 | Alito | OT 2013 |
Holding: The use of deadly force by police officers in this case " firing multiple rounds into a car during a high-speed chase, contributing to the death of the driver and a passenger " was not unreasonable given the threat to public safety posed by the driver's reckless behavior. As such, the officers did not violate the Fourth Amendment. But in any event, the officers were entitled to qualified immunity because they did not violate any clearly established law.
Judgment: Reversed and remanded, 9-0, in an opinion by Justice Alito on May 27, 2014. Justice Ginsburg joined as to the judgment and Parts I, II, and III" C, and Justice Breyer joined except as to Part III"B"2.
SCOTUSblog Coverage
- Opinion analysis: More power to stop high-speed chases (Lyle Denniston, May 27, 2014)
- Argument preview: High-speed chases -- again (Lyle Denniston, March 4, 2014)
- Argument analysis: To decide, or not (Lyle Denniston, March 4, 2014)
- SCOTUS for law students (sponsored by Bloomberg Law): Qualified immunity (Stephen Wermiel, February 17, 2014)
- Court grants two cases (UPDATED) (Lyle Denniston, November 15, 2013)
- Petition of the day (Mary Pat Dwyer, September 13, 2013)
| Date | Proceedings and Orders |
|---|---|
| 03/12/2013 | Petition for a writ of certiorari filed. (Response due April 15, 2013) |
| 04/30/2013 | DISTRIBUTED for Conference of May 16, 2013. |
| 05/08/2013 | Response Requested . (Due June 7, 2013) |
| 06/07/2013 | Brief of respondent Whitne Rickard, a Minor Child, Individually, and as Surviving Daughter of Donald Rickard, Deceased, By and Through Her Mother Samantha Rickard, as Parent and Next Friend in opposition filed. |
| 06/19/2013 | DISTRIBUTED for Conference of September 30, 2013. |
| 08/13/2013 | Record Requested . |
| 08/14/2013 | Record received from the Court of Appeals for the Sixth Circuit |
| 08/21/2013 | DISTRIBUTED for Conference of September 30, 2013. |
| 08/21/2013 | Reply of petitioners Officer Vance Plumhoff, et al. filed. (Distributed) |
| 08/22/2013 | Record Requested . |
| 09/27/2013 | Record received from the United States District Court Western District of Tennessee (3 DVDs). |
| 10/02/2013 | DISTRIBUTED for Conference of October 18, 2013. |
| 10/28/2013 | DISTRIBUTED for Conference of November 1, 2013. |
| 11/04/2013 | DISTRIBUTED for Conference of November 8, 2013. |
| 11/12/2013 | DISTRIBUTED for Conference of November 15, 2013. |
| 11/15/2013 | Petition GRANTED. |
| 11/25/2013 | SET FOR ARGUMENT ON Tuesday, March 4, 2014 |
| 12/17/2013 | Record received from U.S.C.A. 6th Circuit, the record is electronic. |
| 12/30/2013 | Joint appendix filed. (Statement of costs filed) |
| 12/30/2013 | Brief of petitioners Officer Vance Plumhoff, et al. filed. |
| 12/31/2013 | Record received from U.S.D.C. Western District of Tennessee Western Division. (1 Box) |
| 01/06/2014 | Brief amicus curiae of the United States filed. |
| 01/06/2014 | Brief amici curiae of Ohio and 21 Other States filed. |
| 01/06/2014 | Brief amici curiae of National Conference of State Legislatures, et al. filed. (Distributed) |
| 01/07/2014 | Record received from U.S.D.C. Western District of Tennessee (Memphis) |
| 01/09/2014 | CIRCULATED |
| 01/29/2014 | Brief of respondent Whitne Rickard, a Minor Child, Individually, and as Surviving Daughter of Donald Rickard, Deceased, By and Through Her Mother Samantha Rickard, as Parent and Next Friend filed. (Distributed) |
| 01/31/2014 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| 02/04/2014 | Brief amicus curiae of Professor Jonathan R. Nash filed. (Distributed). |
| 02/05/2014 | Brief amicus curiae of National Association of Criminal Defense Lawyers filed. (Distributed) |
| 02/05/2014 | Brief amici curiae of National Police Accountability Project, et al. filed. (Distributed) |
| 02/20/2014 | Reply of petitioners Officer Vance Plumhoff, et al. filed. (Distributed) |
| 02/21/2014 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| 03/04/2014 | Argued. For petitioners: Michael Mosley, North Little Rock, Ark.; and John F. Bash, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: Gary K. Smith, Memphis, Tenn. |
| 05/27/2014 | Judgment REVERSED and case REMANDED. Alito, J., delivered the opinion of the Court, in which Roberts, C. J., and Scalia, Kennedy, Thomas, Sotomayor, and Kagan, JJ., joined, in which Ginsburg, J., joined as to the judgment and Parts I, II, and III-C, and in which Breyer, J., joined except as to Part III-B-2. |
| 06/30/2014 | JUDGMENT ISSUED. |
| 07/02/2014 | Record Returned for U.S.D.C. Western District of Tennessee. |
Issue: (1) Whether the Sixth Circuit wrongly denied qualified immunity to the petitioners by analyzing whether the force used in 2004 was distinguishable from factually similar force ruled permissible three years later in”Scott v. Harris. Stated otherwise, the question presented is whether, for qualified immunity purposes, the Sixth Circuit erred in analyzing whether the force was supported by subsequent case decisions as opposed to prohibited by clearly established law at the time the force was used; and (2) whether the Sixth Circuit erred in denying qualified immunity by finding the use of force was not reasonable as a matter of law when, under the respondent’s own facts, the suspect led police officers on a high-speed pursuit that began in Arkansas and ended in Tennessee, the suspect weaved through traffic on an interstate at a high rate of speed and made contact with the police vehicles twice, and the suspect used his vehicle in a final attempt to escape after he was surrounded by police officers, nearly hitting at least one police officer in the process.