SmartBrief
Confirm favorite deletion?
Civil Procedure Keyed to Yeazell
Scott v. Harris
Citation:
550 U.S. 372 (2007)
ProfessorTodd Berman
CaseCast™ – "What you need to know"
Facts
In March 2001, Georgia county deputy clocked Harris’s vehicle traveling at 73 mph in a 55-mph zone. When the deputy activated his lights to initiate a stop, Harris fled, beginning a high-speed chase that reached speeds over 85 mph on mostly two-lane roads. Deputy Scott joined the pursuit after hearing the radio communication. During the chase, Harris swerved around more than a dozen cars, crossed the double-yellow line, and ran multiple red lights. After nearly 10 miles of pursuit, Scott received permission from his supervisor to stop Harris’s vehicle. Scott applied his push bumper to the rear of Harris’s car, causing it to leave the road, crash, and overturn. As a result, Harris was rendered a quadriplegic. The entire incident was captured on police dashboard cameras. Harris filed a § 1983 suit against Scott, claiming excessive force in violation of the Fourth Amendment. Scott moved for summary judgment based on qualified immunity, which was denied by both the District Court and the Court of Appeals.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
Topic:
Identifies the topic of law and where this case fits within your course outline.Parties:
Identifies the cast of characters involved in the case.Procedural Posture & History:
Shares the case history with how lower courts have ruled on the matter.Case Key Terms, Acts, Doctrines, etc.:
A case specific Legal Term Dictionary.Case Doctrines, Acts, Statutes, Amendments and Treatises:
Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
Brief Facts:
A Synopsis of the Facts of the case.Rule of Law:
Identifies the Legal Principle the Court used in deciding the case.Facts:
What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case.Issue(s):
Lists the Questions of Law that are raised by the Facts of the case.Holding:
Shares the Court's answer to the legal questions raised in the issue.Concurring / Dissenting Opinions:
Includes valuable concurring or dissenting opinions and their key points.Reasoning and Analysis:
Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
Policy:
Identifies the Policy if any that has been established by the case.Court Direction:
Shares where the Court went from here for this case.
9m 26s