White v. Pauly
- Decided
- January 9, 2017
- Docket
- 16-67
- Status
- Published
- Jurisdiction
- Federal
Cited 2,504 timesNo negative treatment found in this library
What later courts said
- holding that law is clearly established only when a court can “identify a case where an officer acting under similar circumstances” was held to have acted unconstitutionally — Grice v. McVeigh (2017)
- recognizing that a plaintiff may not defeat qualified immunity “simply by alleging violation of extremely abstract rights” — Ashaheed v. Porcher (2020)
- concluding that a case that “presents a unique set of facts and circumstances” is not an “obvious” case — Bailey White v. Hamilton Cnty. Gov't (2023)
Each line is a later court’s own words about this case, not a summary. Read the opinion before relying on it.
How the opinion begins
*549PER CURIAM.
This case addresses the situation of an officer who-having arrived late at an ongoing police action and having witnessed shots being fired by one of several individuals in a house surrounded by other officers-shoots and kills an armed occupant of the house without first giving a warning.
According to the District Court and the Court of Appeals, the record, when viewed in the light most favorable to respondents, shows the following. Respondent Daniel Pauly was involved in a road-rage incident on a highway near Santa Fe, New Mexico. 814 F.3d 1060, 1064-1065 (C.A.10 2016). It was in the evening, and it was raining. The two women involved called 911 to report Daniel as a " 'drunk driver' " who was " 'swerving all crazy.' " Id., at 1065. The women then followed Daniel down the highway, close behind him and with their bright lights on. Daniel, feeling threatened, pulled his truck over at an off-ramp to confront them. After a brief, nonviolent encounter, Daniel drove a short distance to a secluded house where he lived with his brother, Samuel Pauly.
Statutes cited
Cite this
White v. Pauly, 580 U.S. 73 (2017)Read the full opinion
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