The Supreme Court reviewed this case involving a high speed chase, in which the pursuing officer rammed the fleeing vehicle from behind, sending it down an embankment and rendering the driver a quadriplegic.

The District Court and Eleventh Circuit both held that there were genuine issues of material fact as to whether the ramming was an unreasonable seizure in violation of clearly established law under the Fourth Amendment, thus precluding qualified immunity at the summary judgment phase.

We filed an amicus brief in the Supreme Court arguing that the lower courts were correct and that the Supreme Court should decline jurisdiction under its prior precedents. We also conducted moot courts to prepare for the argument. The Supreme Court heard arguments in the case on February 26, 2007. In an 8-1 decision, the Supreme Court reversed the lower courts. Justice Scalia focused on and interpreted a police video to suggest “a Hollywood-style car chase of the most frightening sort, placing police officers and innocent bystanders at great risk of serious injury.” The majority was so swayed by their interpretation of the video that they concluded that “no reasonable jury could have believed ... that excessive force was applied.”

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