Scott v. Harris

Facts

Scott, a Georgia county deputy, clocked Harris’ vehicle traveling 73 miles per hour on a road with a 55-mile-per-hour speed limit. He attempted to pull Harris over, but Harris sped away, initiating a chase down a two-lane road, with speeds exceeding 85 miles per hour. The camera in Scott’s vehicle captured the chase on video.

After six minutes of the chase, Scott radioed his supervisor and asked if he could attempt a “Precision Intervention Technique” maneuver, which causes the fleeing vehicle to spin to a stop. Scott was told to “go ahead and take him out.” However, instead of doing the technique, Scott hit the rear of Harris’ vehicle and the Harris lost control. He crashed and was rendered a quadriplegic.

Harris filed suit a § 1983 suit against Scott and others, arguing that his constitutional rights were violated due to the use of excessive force. Scott filed a motion for summary judgment in his favor but the district court denied it.  The United States Court of Appeals affirmed, holding that there was little, if any, actual threat to pedestrians or other motorists as the roads were mainly empty and Harris remained in control of his vehicle.