Political Science the Supreme Court Term Paper

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The appellate court applied the precedent of Saucier v. Katz (2001), which states the application of the qualified immunity test. According to Saucier, an officer can be stripped of qualified immunity protection only if their conduct violates a constitutional right and every reasonable law enforcement officer would have known that, at the time of the incident, their actions were in violation of the law. Because the road Harris was traveling down was empty, the court found the Scott's action unreasonable and thus outside his immunity.

On appeal to the Supreme Court, the Court reversed, finding that Scott had acted reasonably in accordance with the Fourth Amendment. The Court stated, "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 when it places the fleeing motorist at risk of serious injury or death.

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Clearly this case will affect future situations in that it gives police greater power to use force to stop potentially dangerous situations, even if the perpetrator's safety is put at risk. However, I agree with the Supreme Court's decision because a police officer is a trained professional and such actions as that taken by Scott are done not out of malice but out of a concern for the general safety of the public......

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