99-1977 Saucier v. Katz

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“[Graham v. Connor, 490 U.S. 386 (1989) and Anderson v. Creighton, 483 U.S. 635 (1987)] refute the excessive force/probable cause distinction on which much of respondent’s position seems to depend. The deference owed officers facing suits for alleged excessive force is not different in some qualitative respect from the probable cause inquiry in Anderson. Officers can have reasonable, but mistaken, beliefs as to the facts establishing the existence of probable cause or exigent circumstances, for example, and in those situations courts will not hold that they have violated the Constitution. Yet, even if a court were to hold that the officer violated the Fourth Amendment by conducting an unreasonable, warrantless search, Anderson still operates to grant officers immunity for reasonable mistakes as to the legality of their actions. The same analysis is applicable in excessive force cases, where in addition to the deference officers receive on the underlying constitutional claim, qualified immunity can apply in the event the mistaken belief was reasonable.”

“In the circumstances presented to this officer, which included the duty to protect the safety and security of the Vice President of the United States from persons unknown in number, neither respondent nor the Court of Appeals has identified any case demonstrating a clearly established rule prohibiting the officer from acting as he did, nor are we aware of any such rule. Our conclusion is confirmed by the uncontested fact that the force was not so excessive that respondent suffered hurt or injury. On these premises, petitioner was entitled to qualified immunity, and the suit should have been dismissed at an early stage in the proceedings.”

Reversed and remanded.

Local Effect:

The decision reverses current Seventh Circuit law: Frazell v. Flanigan, 102 F.3d 877 (7th Cir.1996); McNair v. Coffey, 234 F.3d 352 (7th Cir.2000).

Kennedy, J.; Ginsburg, J., concurring; Souter, J., concurring in part and dissenting in part.

Certiorari to the United States Court of Appeals for the Ninth Circuit, 194 F.3d 962