Brosseau v. Haugen

543 U.S. 194 (2004)

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Nature of the Case

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Facts

Rochelle Brosseau was a police officer. Tamburello went to the police station and reported to D that P, a former crime partner of his, had stolen tools from his shop. There was a felony no-bail warrant out for P's arrest on drugs and other offenses. The next morning, P was spray painting his Jeep Cherokee in his mother's driveway. Tamburello learned of P's whereabouts, and he and cohort Matt Atwood drove a pickup truck to P's mother's house to pay P a visit. A fight ensued, which was witnessed by a neighbor who called 911. D responded. When she arrived, Tamburello and Atwood were attempting to get P into Tamburello's pickup. D's arrival created a distraction, which provided P with the opportunity to get away. P ran through his mother's yard and hid in the neighborhood. P requested assistance, and, shortly thereafter, two officers arrived with a K-9. Officers instructed Tamburello and Atwood to remain in Tamburello's pickup. They instructed Deanna Nocera, P's girlfriend who was also present with her 3-year-old daughter, to remain in her small car with her daughter. Tamburello's pickup was parked in the street in front of the driveway; Nocera's small car was parked in the driveway in front of and facing the Jeep; and the Jeep was in the driveway facing Nocera's car and angled somewhat to the left. The Jeep was parked about 4 feet away from Nocera's car and 20 to 30 feet away from Tamburello's pickup. A neighbor had seen a man in her backyard. D ran in that direction, and P appeared. He ran past the front of his mother's house and then turned and ran into the driveway. He jumped into the driver's side of the Jeep and closed and locked the door. D believed that he was running to the Jeep to retrieve a weapon. D pointed her gun at P and ordered him to get out of the vehicle. P ignored her command and continued to look for the keys so he could get the Jeep started. D repeated her commands and hit the driver's side window several times with her handgun, which failed to deter P. On the third or fourth try, the window shattered. D unsuccessfully attempted to grab the keys and struck P on the head with the barrel and butt of her gun. P started the Jeep. The Jeep started to move. D jumped back and to the left. She fired one shot through the rear driver's side window at a forward angle, hitting P in the back. She shot because she was ''fearful for the other officers on foot who [she] believed were in the immediate area, [and] for the occupied vehicles in [P's] path and for any other citizens who might be in the area.'' Despite being hit, P ''stood on the gas''; navigated the ''small, tight space'' to avoid the other vehicles; swerved across the neighbor's lawn; and continued down the street. P realized that he had been shot and brought the Jeep to a halt. He suffered a collapsed lung and was airlifted to a hospital. He survived the shooting and pleaded guilty to the felony of 'eluding.' P admitted that he drove his Jeep in a manner indicating 'a wanton or wilful disregard for the lives . . . of others.' P sued D under §1983. The District Court granted D summary judgment on qualified immunity. The Court of Appeals reversed because the right against excessive force was clearly established. D appealed.