OPINION OF THE COURT
SCOTT V. HARRIS
550 U. S. ____ (2007)
SUPREME COURT OF THE UNITED STATES
NO. 05-1631
TIMOTHY SCOTT, PETITIONER
v. VICTOR
HARRIS
on writ of certiorari to the united states court of
appeals for the eleventh circuit
[April 30, 2007]
Justice Scalia delivered the
opinion of the Court.
We consider whether a law
enforcement official can, consistent with the Fourth Amendment,
attempt to stop a fleeing motorist from continuing his
public-endangering flight by ramming the motorist’s car from
behind. Put another way: Can an officer take actions that place a
fleeing motorist at risk of serious injury or death in order to
stop the motorist’s flight from endangering the lives of innocent
bystanders?
I
In March 2001, a Georgia county
deputy clocked respondent’s vehicle traveling at 73 miles per hour
on a road with a 55-mile-per-hour speed limit. The deputy activated
his blue flashing lights indicating that respondent should pull
over. Instead, respondent sped away, initiating a chase down what
is in most portions a two-lane road, at speeds exceeding 85 miles
per hour. The deputy radioed his dispatch to report that he was
pursuing a fleeing vehicle, and broadcast its license plate number.
Petitioner, Deputy Timothy Scott, heard the radio communication and
joined the pursuit along with other officers. In the midst of the
chase, respondent pulled into the parking lot of a shopping center
and was nearly boxed in by the various police vehicles. Respondent
evaded the trap by making a sharp turn, colliding with Scott’s
police car, exiting the parking lot, and speeding off once again
down a two-lane highway.
Following respondent’s shopping
center maneuvering, which resulted in slight damage to Scott’s
police car, Scott took over as the lead pursuit vehicle. Six
minutes and nearly 10 miles after the chase had begun, Scott
decided to attempt to terminate the episode by employing a
“Precision Intervention Technique (‘PIT’) maneuver, which causes
the fleeing vehicle to spin to a stop.” Brief for Petitioner 4.
Having radioed his supervisor for permission, Scott was told to
“ ‘[g]o ahead and take him out.’ ”
Harris v.
Coweta County, 433 F. 3d 807, 811 (CA11 2005).
Instead, Scott applied his push bumper to the rear of respondent’s
vehicle.[
Footnote 1] As a
result, respondent lost control of his vehicle, which left the
roadway, ran down an embankment, overturned, and crashed.
Respondent was badly injured and was rendered a quadriplegic.
Respondent filed suit against Deputy Scott and
others under Rev. Stat. §1979, 42 U. S. C. §1983, alleging,
inter alia, a violation of his federal constitutional
rights, viz. use of excessive force resulting in an unreasonable
seizure under the Fourth Amendment. In response, Scott filed a
motion for summary judgment based on an assertion of qualified
immunity. The District Court denied the motion, finding that “there
are material issues of fact on which the issue of qualified
immunity turns which present sufficient disagreement to require
submission to a jury.”
Harris v.
Coweta County,
No. 3:01–CV–148–WBH (ND Ga., Sept. 23, 2003), App. to Pet. for
Cert. 41a–42a. On interlocutory appeal,[
Footnote 2] the United States Court of Appeals for the
Eleventh Circuit affirmed the District Court’s decision to allow
respondent’s Fourth Amendment claim against Scott to proceed to
trial.[
Footnote 3] Taking
respondent’s view of the facts as given, the Court of Appeals
concluded that Scott’s actions could constitute “deadly force”
under
Tennessee v.
Garner,
471 U. S. 1 (1985), and that the use of
such force in this context “would violate [respondent’s]
constitutional right to be free from excessive force during a
seizure. Accordingly, a reasonable jury could find that Scott
violated [respondent’s] Fourth Amendment rights.” 433 F. 3d,
at 816. The Court of Appeals further concluded that “the law as it
existed [at the time of the incident], was sufficiently clear to
give reasonable law enforcement officers ‘fair notice’ that ramming
a vehicle under these circumstances was unlawful.”
Id., at
817. The Court of Appeals thus concluded that Scott was not
entitled to qualified immunity. We granted certiorari, 549 U. S. __
(2006), and now reverse.
II
In resolving questions of
qualified immunity, courts are required to resolve a “threshold
question: Taken in the light most favorable to the party asserting
the injury, do the facts alleged show the officer’s conduct
violated a constitutional right? This must be the initial inquiry.”
Saucier v.
Katz,
533 U. S. 194, 201
(2001). If, and only if, the court finds a violation of a
constitutional right, “the next, sequential step is to ask whether
the right was clearly established … in light of the specific
context of the case.”
Ibid. Although this ordering
contradicts “[o]ur policy of avoiding unnecessary adjudication of
constitutional issues,”
United States v.
Treasury
Employees,
513
U. S. 454, 478 (1995) (citing
Ashwander v.
TVA,
297 U.
S. 288, 346–347 (1936) (Brandeis, J., concurring)), we have
said that such a departure from practice is “necessary to set forth
principles which will become the basis for a [future] holding that
a right is clearly established.”
Saucier,
supra,
at 201.[
Footnote 4] We
therefore turn to the threshold inquiry: whether Deputy Scott’s
actions violated the Fourth Amendment.
III
A
The first step in assessing the
constitutionality of Scott’s actions is to determine the relevant
facts. As this case was decided on summary judgment, there have not
yet been factual findings by a judge or jury, and respondent’s
version of events (unsurprisingly) differs substantially from
Scott’s version. When things are in such a posture, courts are
required to view the facts and draw reasonable inferences “in the
light most favorable to the party opposing the [summary judgment]
motion.”
United States v.
Diebold, Inc.,
369 U. S. 654, 655
(1962)
(per curiam); Saucier,
supra, at
201. In qualified immunity cases, this usually means adopting (as
the Court of Appeals did here) the plaintiff’s version of the
facts.
There is, however, an added
wrinkle in this case: existence in the record of a videotape
capturing the events in question. There are no allegations or
indications that this videotape was doctored or altered in any way,
nor any contention that what it depicts differs from what actually
happened. The videotape quite clearly contradicts the version of
the story told by respondent and adopted by the Court of
Appeals.[
Footnote 5] For
example, the Court of Appeals adopted respondent’s assertions that,
during the chase, “there was little, if any, actual threat to
pedestrians or other motorists, as the roads were mostly empty and
[respondent] remained in control of his vehicle.” 433 F. 3d,
at 815. Indeed, reading the lower court’s opinion, one gets the
impression that respondent, rather than fleeing from police, was
attempting to pass his driving test:
“[T]aking the facts from the non-movant’s
viewpoint, [respondent] remained in control of his vehicle, slowed
for turns and intersections, and typically used his indicators for
turns. He did not run any motorists off the road. Nor was he a
threat to pedestrians in the shopping center parking lot, which was
free from pedestrian and vehicular traffic as the center was
closed. Significantly, by the time the parties were back on the
highway and Scott rammed [respondent], the motorway had been
cleared of motorists and pedestrians allegedly because of police
blockades of the nearby intersections.”
Id., at 815–816
(citations omitted).
The videotape tells quite a
different story. There we see respondent’s vehicle racing down
narrow, two-lane roads in the dead of night at speeds that are
shockingly fast. We see it swerve around more than a dozen other
cars, cross the double-yellow line, and force cars traveling in
both directions to their respective shoulders to avoid being
hit.[
Footnote 6] We see it run
multiple red lights and travel for considerable periods of time in
the occasional center left-turn-only lane, chased by numerous
police cars forced to engage in the same hazardous maneuvers just
to keep up. Far from being the cautious and controlled driver the
lower court depicts, what we see on the video more closely
resembles a Hollywood-style car chase of the most frightening sort,
placing police officers and innocent bystanders alike at great risk
of serious injury.[
Footnote
7]
At the summary judgment stage, facts must be
viewed in the light most favorable to the nonmoving party only if
there is a “genuine” dispute as to those facts. Fed. Rule Civ.
Proc. 56(c). As we have emphasized, “[w]hen the moving party has
carried its burden under Rule 56(c), its opponent must do more than
simply show that there is some metaphysical doubt as to the
material facts… . Where the record taken as a whole could not
lead a rational trier of fact to find for the nonmoving party,
there is no ‘genuine issue for trial.’ ”
Matsushita Elec.
Industrial Co. v.
Zenith Radio Corp.,
475 U. S. 574, 586–587
(1986) (footnote omitted). “[T]he mere existence of
some
alleged factual dispute between the parties will not defeat an
otherwise properly supported motion for summary judgment; the
requirement is that there be no
genuine issue of
material fact.”
Anderson v.
Liberty Lobby,
Inc.,
477 U. S.
242, 247–248 (1986). When opposing parties tell two different
stories, one of which is blatantly contradicted by the record, so
that no reasonable jury could believe it, a court should not adopt
that version of the facts for purposes of ruling on a motion for
summary judgment.
That was the case here with regard to the
factual issue whether respondent was driving in such fashion as to
endanger human life. Respondent’s version of events is so utterly
discredited by the record that no reasonable jury could have
believed him. The Court of Appeals should not have relied on such
visible fiction; it should have viewed the facts in the light
depicted by the videotape.
B
Judging the matter on that basis,
we think it is quite clear that Deputy Scott did not violate the
Fourth Amendment. Scott does not contest that his decision to
terminate the car chase by ramming his bumper into respondent’s
vehicle constituted a “seizure.” “[A] Fourth Amendment seizure
[occurs] … when there is a governmental termination of freedom of
movement through means intentionally applied.”
Brower v.
County of Inyo,
489 U. S. 593, 596–597 (1989)
(emphasis deleted). See also
id., at 597 (“If … the police
cruiser had pulled alongside the fleeing car and sideswiped it,
producing the crash, then the termination of the suspect’s freedom
of movement would have been a seizure”). It is also conceded, by
both sides, that a claim of “excessive force in the course of
making [a] …‘seizure’ of [the] person … [is] properly analyzed
under the Fourth Amendment’s ‘objective reasonableness’ standard.”
Graham v.
Connor,
490 U. S. 386, 388
(1989). The question we need to answer is whether Scott’s actions
were objectively reasonable.[
Footnote 8]
1
Respondent urges us to analyze
this case as we analyzed
Garner,
471 U. S. 1. See Brief for Respondent
16–29. We must first decide, he says, whether the actions Scott
took constituted “deadly force.” (He defines “deadly force” as “any
use of force which creates a substantial likelihood of causing
death or serious bodily injury,”
id., at 19.) If so,
respondent claims that
Garner prescribes certain
preconditions that must be met before Scott’s actions can survive
Fourth Amendment scrutiny: (1) The suspect must have posed an
immediate threat of serious physical harm to the officer or others;
(2) deadly force must have been necessary to prevent
escape;[
Footnote 9] and (3)
where feasible, the officer must have given the suspect some
warning. See Brief for Respondent 17–18 (citing
Garner,
supra, at 9–12). Since these
Garner preconditions
for using deadly force were not met in this case, Scott’s actions
were
per se unreasonable.
Respondent’s argument falters at
its first step;
Garner did not establish a magical on/off
switch that triggers rigid preconditions whenever an officer’s
actions constitute “deadly force.”
Garner was simply an
application of the Fourth Amendment’s “reasonableness” test,
Graham,
supra, at 388, to the use of a particular
type of force in a particular situation.
Garner held that
it was unreasonable to kill a “young, slight, and unarmed” burglary
suspect, 471 U. S., at 21, by shooting him “in the back of the
head” while he was running away on foot,
id., at 4, and
when the officer “could not reasonably have believed that [the
suspect] … posed any threat,” and “never attempted to justify his
actions on any basis other than the need to prevent an escape,”
id., at 21. Whatever
Garner said about the
factors that
might have justified shooting the suspect in
that case, such “preconditions” have scant applicability to this
case, which has vastly different facts. “
Garner had
nothing to do with one car striking another or even with car chases
in general … . A police car’s bumping a fleeing car is,
in fact, not much like a policeman’s shooting a gun so as to hit a
person.”
Adams v.
St. Lucie County Sheriff’s
Dept., 962 F. 2d 1563, 1577 (CA11 1992) (Edmondson, J.,
dissenting), adopted by 998 F. 2d 923 (CA11 1993) (en banc)
(per curiam). Nor is the threat posed by the flight on
foot of an unarmed suspect even remotely comparable to the extreme
danger to human life posed by respondent in this case. Although
respondent’s attempt to craft an easy-to-apply legal test in the
Fourth Amendment context is admirable, in the end we must still
slosh our way through the factbound morass of “reasonableness.”
Whether or not Scott’s actions constituted application of “deadly
force,” all that matters is whether Scott’s actions were
reasonable.
2
In determining the reasonableness
of the manner in which a seizure is effected, “[w]e must balance
the nature and quality of the intrusion on the individual’s Fourth
Amendment interests against the importance of the governmental
interests alleged to justify the intrusion.”
United States
v.
Place,
462 U. S. 696, 703
(1983). Scott defends his actions by pointing to the paramount
governmental interest in ensuring public safety, and respondent
nowhere suggests this was not the purpose motivating Scott’s
behavior. Thus, in judging whether Scott’s actions were reasonable,
we must consider the risk of bodily harm that Scott’s actions posed
to respondent in light of the threat to the public that Scott was
trying to eliminate. Although there is no obvious way to quantify
the risks on either side, it is clear from the videotape that
respondent posed an actual and imminent threat to the lives of any
pedestrians who might have been present, to other civilian
motorists, and to the officers involved in the chase. See Part
III–A,
supra. It is equally clear that Scott’s actions
posed a high likelihood of serious injury or death to
respondent—though not the near
certainty of death posed
by, say, shooting a fleeing felon in the back of the head, see
Garner,
supra, at 4, or pulling alongside a
fleeing motorist’s car and shooting the motorist, cf.
Vaughan v.
Cox, 343 F. 3d 1323, 1326–1327
(CA11 2003). So how does a court go about weighing the perhaps
lesser probability of injuring or killing numerous bystanders
against the perhaps larger probability of injuring or killing a
single person? We think it appropriate in this process to take into
account not only the number of lives at risk, but also their
relative culpability. It was respondent, after all, who
intentionally placed himself and the public in danger by unlawfully
engaging in the reckless, high-speed flight that ultimately
produced the choice between two evils that Scott confronted.
Multiple police cars, with blue lights flashing and sirens blaring,
had been chasing respondent for nearly 10 miles, but he ignored
their warning to stop. By contrast, those who might have been
harmed had Scott not taken the action he did were entirely
innocent. We have little difficulty in concluding it was reasonable
for Scott to take the action that he did.[
Footnote 10]
But wait, says respondent:
Couldn’t the innocent public equally have been protected, and the
tragic accident entirely avoided, if the police had simply ceased
their pursuit? We think the police need not have taken that chance
and hoped for the best. Whereas Scott’s action—ramming respondent
off the road—was
certain to eliminate the risk that
respondent posed to the public, ceasing pursuit was not. First of
all, there would have been no way to convey convincingly to
respondent that the chase was off, and that he was free to go. Had
respondent looked in his rear-view mirror and seen the police cars
deactivate their flashing lights and turn around, he would have had
no idea whether they were truly letting him get away, or simply
devising a new strategy for capture. Perhaps the police knew a
shortcut he didn’t know, and would reappear down the road to
intercept him; or perhaps they were setting up a roadblock in his
path. Cf.
Brower, 489 U. S., at 594. Given such
uncertainty, respondent might have been just as likely to respond
by continuing to drive recklessly as by slowing down and wiping his
brow.[
Footnote 11]
Second, we are loath to lay down a rule
requiring the police to allow fleeing suspects to get away whenever
they drive
so recklessly that they put other people’s
lives in danger. It is obvious the perverse incentives such a rule
would create: Every fleeing motorist would know that escape is
within his grasp, if only he accelerates to 90 miles per hour,
crosses the double-yellow line a few times, and runs a few red
lights. The Constitution assuredly does not impose this invitation
to impunity-earned-by-recklessness. Instead, we lay down a more
sensible rule: 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.
* * *
The car chase that respondent
initiated in this case posed a substantial and immediate risk of
serious physical injury to others; no reasonable jury could
conclude otherwise. Scott’s attempt to terminate the chase by
forcing respondent off the road was reasonable, and Scott is
entitled to summary judgment. The Court of Appeals’ decision to the
contrary is reversed.
It is so ordered.
Footnote 1
Scott says he decided not to employ the PIT
maneuver because he was “concerned that the vehicles were moving
too quickly to safely execute the maneuver.” Brief for Petitioner
4. Respondent agrees that the PIT maneuver could not have been
safely employed. See Brief for Respondent 9. It is irrelevant to
our analysis whether Scott had permission to take the precise
actions he took.
Footnote 2
Qualified immunity is “an
immunity from
suit rather than a mere defense to liability; and like an
absolute immunity, it is effectively lost if a case is erroneously
permitted to go to trial.”
Mitchell v.
Forsyth,
472 U. S. 511,
526 (1985). Thus, we have held that an order denying qualified
immunity is immediately appealable even though it is interlocutory;
otherwise, it would be “effectively unreviewable.”
Id., at
527. Further, “we repeatedly have stressed the importance of
resolving immunity questions at the earliest possible stage in
litigation.”
Hunter v.
Bryant,
502 U. S. 224, 227
(1991)
(per curiam).
Footnote 3
None of the other claims respondent brought
against Scott or any other party are before this Court.
Footnote 4
Prior to this Court’s announcement of
Saucier’s “rigid ‘order of battle,’ ”
Brosseau v.
Haugen,
543 U. S. 194, 201–202
(2004) (Breyer, J., concurring), we had described this order of
inquiry as the “better approach,”
County of Sacramento v.
Lewis,
523
U. S. 833, 841, n. 5 (1998), though not one that was
required in all cases. See
id., at 858–859 (Breyer, J.,
concurring);
id., at 859 (Stevens, J., concurring in
judgment). There has been doubt expressed regarding the wisdom of
Saucier’s decision to make the threshold inquiry
mandatory, especially in cases where the constitutional question is
relatively difficult and the qualified immunity question relatively
straightforward. See,
e.g.,
Brosseau,
supra, at 201 (Breyer, J., joined by Scalia and Ginsburg,
JJ., concurring);
Bunting v.
Mellen,
541 U. S. 1019 (2004)
(Stevens, J., joined by Ginsburg and Breyer, JJ., respecting denial
of certiorari);
id., at 1025 (Scalia, J., joined by
Rehnquist, C.J., dissenting). See also
Lyons v.
Xenia, 417 F. 3d 565, 580–584 (CA6 2005) (Sutton, J.,
concurring). We need not address the wisdom of
Saucier in
this case, however, because the constitutional question with which
we are presented is, as discussed in Part III–B,
infra,
easily decided. Deciding that question first is thus the “better
approach,”
Lewis,
supra, at 841, n. 5,
regardless of whether it is required.
Footnote 5
Justice Stevens suggests that our reaction to
the videotape is somehow idiosyncratic, and seems to believe we are
misrepresenting its contents. See
post, at 4 (dissenting
opinion) (“In sum, the factual statements by the Court of Appeals
quoted by the Court … were entirely accurate”). We are happy to
allow the videotape to speak for itself. See Record 36, Exh. A,
available at
http://www.supremecourtus.gov/opinions/video/scott_v_harris.rmvb
and in Clerk of Court’s case file.
Footnote 6
Justice Stevens hypothesizes that these cars
“had already pulled to the side of the road or were driving along
the shoulder because they heard the police sirens or saw the
flashing lights,” so that “[a] jury could certainly conclude that
those motorists were exposed to no greater risk than persons who
take the same action in response to a speeding ambulance.”
Post, at 3. It is not our experience that ambulances and
fire engines careen down two-lane roads at 85-plus miles per hour,
with an unmarked scout car out in front of them. The risk they pose
to the public is vastly less than what respondent created here. But
even if that were not so, it would in no way lead to the conclusion
that it was unreasonable to eliminate the threat to life that
respondent posed. Society accepts the risk of speeding ambulances
and fire engines in order to save life and property; it need not
(and assuredly does not) accept a similar risk posed by a reckless
motorist fleeing the police.
Footnote 7
This is not to say that each and every
factual statement made by the Court of Appeals is inaccurate. For
example, the videotape validates the court’s statement that when
Scott rammed respondent’s vehicle it was not threatening any other
vehicles or pedestrians. (Undoubtedly Scott
waited for the
road to be clear before executing his maneuver.)
Footnote 8
Justice Stevens incorrectly declares this to
be “a question of fact best reserved for a jury,” and complains we
are “usurp[ing] the jury’s factfinding function.”
Post, at
7. At the summary judgment stage, however, once we have determined
the relevant set of facts and drawn all inferences in favor of the
nonmoving party
to the extent supportable by the record,
see Part III–A,
supra, the reasonableness of Scott’s
actions—or, in Justice Stevens’ parlance, “[w]hether [respondent’s]
actions have risen to a level warranting deadly force,”
post, at 7—is a pure question of law.
Footnote 9
Respondent, like the Court of Appeals,
defines this second precondition as “ ‘necessary to prevent
escape,’ ” Brief for Respondent 17;
Harris v.
Coweta County, 433 F. 3d 807, 813 (CA11 2005),
quoting
Garner, 471 U. S., at 11. But that quote from
Garner is taken out of context. The necessity described in
Garner was, in fact, the need to prevent “serious physical
harm, either to the officer or to others.”
Ibid. By way of
example only,
Garner hypothesized that deadly force may be
used “if necessary to prevent escape” when the suspect is known to
have “committed a crime involving the infliction or threatened
infliction of serious physical harm,”
ibid., so that his
mere being at large poses an inherent danger to society. Respondent
did not pose that type of inherent threat to society, since (prior
to the car chase) he had committed only a minor traffic offense
and, as far as the police were aware, had no prior criminal record.
But in this case, unlike in
Garner, it was respondent’s
flight itself (by means of a speeding automobile) that posed the
threat of “serious physical harm … to others.”
Ibid.
Footnote 10
The Court of Appeals cites
Brower v.
County of Inyo,
489 U. S. 593, 595 (1989), for its
refusal to “countenance the argument that by continuing to flee, a
suspect absolves a pursuing police officer of any possible
liability for all ensuing actions during the chase,” 433
F. 3d, at 816. The only question in
Brower was
whether a police roadblock constituted a
seizure under the
Fourth Amendment. In deciding that question, the relative
culpability of the parties is, of course, irrelevant; a seizure
occurs whenever the police are “responsib[le] for the termination
of [a person’s] movement,” 433 F. 3d, at 816, regardless of
the reason for the termination. Culpability
is relevant,
however, to the
reasonableness of the seizure—to whether
preventing possible harm to the innocent justifies exposing to
possible harm the person threatening them.
Footnote 11
Contrary to Justice Stevens’ assertions, we
do not “assum[e] that dangers caused by flight from a police
pursuit will continue after the pursuit ends,”
post, at 6,
nor do we make any “factual assumptions,”
post, at 5, with
respect to what would have happened if the police had gone home. We
simply point out the
uncertainties regarding what would
have happened, in response to
respondent’s factual
assumption that the high-speed flight would have ended.
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