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# Brief—Scott v. Harris
Citation: 550 U.S. 372 (2007)
Vote: 8–1 (Scalia delivered the opinion; Stevens dissented)
#### I. Procedural History
Respondent **Victor Harris sued Deputy Timothy Scott** under 42 U.S.C. § 1983, **alleging that Scott used excessive force** in violation of the Fourth Amendment **by ramming his vehicle**. Scott moved for summary judgment based on **qualified immunity**. The D**istrict Court and the Eleventh Circuit Court of Appeals denied the motion, ruling that a jury could find Scott’s use of "deadly force" violated the ****Fourth Amendment** **and** **that the law was clearly established**. The Supreme Court granted certiorari to determine if Scott’s actions were objectively reasonable.
#### II. Facts (The "Video Rule")
The Court’s factual summary is notable for its reliance on a dash-cam video, which the majority held "blatantly contradicted" the plaintiff’s version of events.
* The Pursuit: In March 2001
* a deputy clocked Harris at 73 mph in a 55 mph zone. When the deputy signaled him to pull over, Harris fled, initiating a 10-mile chase at speeds exceeding 85 mph.
* The Maneuvering:
* During the chase, Harris entered a shopping center parking lot and collided with Deputy Scott’s police car while evading a trap.
* The Seizure:
* Six minutes into the chase, Scott received permission to "take him out".
* Scott pushed his bumper into the rear of Harris’s vehicle.
* Harris lost control, crashed down an embankment, and was rendered a quadriplegic.
* Conflicting Narratives:
* Harris claimed he was in control, used his blinkers, and that the roads were mostly empty.
* The Supreme Court, after watching the video, described a "Hollywood-style car chase" where Harris swerved around a dozen cars, crossed double-yellow lines, and forced other motorists off the road.
#### III. Issue
Does a police officer violate the Fourth Amendment by attempting to stop a fleeing motorist through a maneuver that places the motorist at risk of serious injury or death, in order to protect the public from the dangers of the flight?
#### IV. Holding
No. 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 if it places the fleeing motorist at risk of serious injury or death.
***
#### V. Reasoning (Detailed)
The Court's reasoning focused on two primary areas: the standard for summary judgment and the balancing of interests under *Graham v. Connor*.
1\. The Fact-Finding Limitation (The "Visible Fiction" Rule)
* Normally, at summary judgment, courts view facts in the light most favorable to the non-moving party (Harris).
* However, the Court carved out an exception: when one version is "blatantly contradicted by the record" (the video), the court should not adopt that "visible fiction" for its ruling.
* The Court held that no reasonable jury could believe Harris’s claim that he was not a danger to the public after seeing the video.
2\. Rejection of the "Deadly Force" Preconditions Harris argued that under *Tennessee v. Garner*, "deadly force" is only allowed if the suspect poses an immediate threat of physical harm and force is necessary for escape.
* The Court rejected this "magical on/off switch," clarifying that *Garner* was just one application of the *Graham* "reasonableness" test.
* The Court noted that ramming a car is not the same as shooting a person in the head; it is a different type of force with different risks.
3\. The Balancing of Culpability Applying the *Graham* balancing test, the Court weighed the risk to Harris against the risk to the public.
* Relative Culpability:
* The Court emphasized that it was Harris who "intentionally placed himself and the public in danger" by fleeing.
* The bystanders and officers were entirely innocent.
* The Choice of Evils:
* Scott faced a choice: let Harris continue and hope he didn't hit someone, or stop him and risk injuring him.
* The Court held the police need not "hope for the best" when a suspect is driving recklessly.
#### VI. The Dissent (Justice Stevens)
Justice Stevens argued that the majority "**usurped the jury's factfinding function"**. He noted that the sirens and lights warned other drivers to pull over, meaning Harris didn't necessarily "force" them off the road. He believed a jury should decide if the risk justified the use of force that resulted in permanent paralysis.
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