Brosseau v. Haugen

Per Curiam.

Officer Rochelle Brosseau, a member of the Puyallup, Washington, Police Department, shot Kenneth Haugen in the back as he attempted to flee from law enforcement authorities in his vehicle. Haugen subsequently filed this action in the United States District Court for the Western District of [*195] Washington pursuant to Rev. Stat. § 1979, 42 U. S. C. § 1983. He alleged that the shot fired by Brosseau constituted excessive force and violated his federal constitutional rights.[1] The District Court granted summary judgment to Brosseau after finding she was entitled to qualified immunity. The Court of Appeals for the Ninth Circuit reversed. 339 F. 3d 857 (2003). Following the two-step process set out in Saucier v. Katz, 533 U. S. 194 (2001), the Court of Appeals found, first, that Brosseau had violated Haugen’s Fourth Amendment right to be free from excessive force and, second, that the right violated was clearly established and thus Brosseau was not entitled to qualified immunity. Brosseau then petitioned for writ of certiorari, requesting that we review both of the Court of Appeals’ determinations. We grant the petition on the second, qualified immunity question and reverse.

The material facts, construed in a light most favorable to Haugen, are as follows.[2] On the day before the fracas, Glen Tamburello went to the police station and reported to Bros-seau that Haugen, a former crime partner of his, had stolen tools from his shop. Brosseau later learned that there was a felony no-bail warrant out for Haugen’s arrest on drug and other offenses. The next morning, Haugen was spray painting his Jeep Cherokee in his mother’s driveway. Tambur-ello learned of Haugen’s whereabouts, and he and cohort Matt Atwood drove a pickup truck to Haugen’s mother’s house to pay Haugen a visit. A fight ensued, which was witnessed by a neighbor who called 911.