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Brosseau Vs. Haugen
Cites for this judgment
- US Supreme Court
- Dec 13, 2004
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Per Curiam Brosseau V. HaugenSearch
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Supreme Court of the United States Rochelle Brosseau V. KennethSearch
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of Appeals for the Ninth Circuit reversed. 339 F. 3d 857 (2003). Following the two-step process set out in Saucier v. KatzSearch
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Saucier v. KatzSearch
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of Appeals recognized, the constitutional question in this case is governed by the principles enunciated in Tennessee v. GarnerSearch
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U. S. 1 (1985), and Graham v. ConnorSearch
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if constitutionally deficient, reasonably misapprehends the law governing the circumstances she confronted. Saucier v. KatzSearch
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here is no doubt that Graham v. ConnorSearch
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s text, are cast at a high level of generality. See Graham v. ConnorSearch
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Brief any citation in this list with AI Studio
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the answer, even without a body of relevant case law. See Hope v. PelzerSearch
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that there need not be a materially similar case for the right to be clearly established). See also Pace v. CapobiancoSearch
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s Fourth Amendment right. Saucier v. KatzSearch
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Ibid . Specifically, Brosseau points us to Cole v. BoneSearch
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F. 2d 1328 (CA8 1993), and Smith v. FrelandSearch
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courts found no Fourth Amendment violation when an officer shot a fleeing suspect who presented a risk to others. Cole v. BoneSearch
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Smith v. FrelandSearch
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threat to, among others, the officers at the end of the street. Ibid. Haugen points us to Estate of Starks v. EnyartSearch
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are required to view all facts and draw all reasonable inferences in favor of the nonmoving party, Haugen. See Saucier v. KatzSearch
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S. 194 , 201 (2001). Footnote 3 We have no occasion in this case to reconsider our instruction in Saucier v. KatzSearch
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s February 21, 1999, shooting of Haugen. See Cowan ex rel. Estate of Cooper v. BreenSearch
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Pace v. CapobiancoSearch
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Scott v. ClaySearch
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McCaslin v. WilkinsSearch
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Abraham v. RasoSearch
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could not have given fair notice to Brosseau and are of no use in the clearly established inquiry. Brosseau v. HaugenSearch
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s decision in Saucier v. KatzSearch
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sense and can sometimes lead to a constitutional decision that is effectively insulated from review, see Bunting v. MellenSearch
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J., dissenting from denial of certiorari). For these reasons, I think we should reconsider this issue. Brosseau v. HaugenSearch
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Stevens, J., Dissenting Brosseau V. HaugenSearch
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of a constitutional right that has not been clearly established, the qualified immunity defense is available. Harlow v. FitzgeraldSearch
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see also Siegert v. GilleySearch
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we held that the killing of an unarmed burglar to prevent his escape was an unconstitutional seizure. Tennessee v. GarnerSearch
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be clearly established is designed to ensure that officers have fair notice of what conduct is proscribed. See Hope v. PelzerSearch
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this preference does not give judges license to take inherently factual questions away from the jury. See Hunter v. BryantSearch
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id., Doc. No. 27, Exh. H. Footnote 4 In Cole v. BoneSearch
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Only then did the officer finally resort to deadly force to disable the driver. Similarly, in Smith v. FrelandSearch
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Tennessee v. GarnerSearch
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and Graham v. ConnorSearch
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See Graham v. ConnorSearch
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See Hope v. PelzerSearch
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Cole v. BoneSearch
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and Smith v. FrelandSearch
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Estate of Starks v. EnyartSearch
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Haugen. See Saucier v. KatzSearch
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