Circuit split · civil rights

Whether an officer's use of deadly force against a fleeing suspect is objectively reasonable under the Fourth Amendment

2 federal appellate cases on this question, each acknowledging the disagreement in its own words.

Haugen v. Brosseau339 F3D 857
Ninth Circuit Court of Appeals · August 4, 2003
“The majority’s contrary holding is objectionable not only because it flouts the Supreme Court’s Garner standard, but also because it creates a circuit split.” — Creates a split
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Haugen v. Brosseau351 F3D 372
Ninth Circuit Court of Appeals · August 4, 2003
“Having created a circuit split by misapplying Gamer, the majority downplays its departure from our sister circuits’ decisions by urging that those decisions approved of deadly force in circumstances very different from those presented here.” — Acknowledges a circuit split
“As I explain below, the majority creates a circuit split, departing from the holdings of the Sixth, Eighth, and Eleventh Circuits.” — Acknowledges a circuit split
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The other side of the split

Decisions the acknowledging court(s) named as the opposing or joined side, quoted in the acknowledging opinion's own words.

On the other side · 6th Cir.Scott v. Clay County205 F.3d 867
“Clay County, 205 F.3d 867 , 877 (6th Cir.2000) (holding that police reasonably shot a felon fleeing in an automobile when his reckless driving posed an immediate threat to the safety of officers and innocent civilians); Smith v.” — Haugen v. Brosseau, acknowledging the split
On the other side · 6th Cir.Smith v. Freland954 F.2d 343
“Freland, 954 F.2d 343 , 347-48 (6th Cir.1992) (holding that police reasonably shot a misde-meanant 'fleeing in an automobile when he posed a threat to officers at a police roadblock and appeared likely to “do almost anything to avoid capture”); Cole v.” — Haugen v. Brosseau, acknowledging the split
On the other side · 8th Cir.Cole v. Bone993 F.2d 1328
“Bone, 993 F.2d 1328 , 1330-33 (8th Cir.1993) (holding that police reasonably shot a criminal fleeing in a truck when he posed a threat to travelers driving on a crowded interstate highway); Pace v.” — Haugen v. Brosseau, acknowledging the split
On the other side · 11th Cir.Pace v. Capobianco283 F.3d 1275
“Capobianco, 283 F.3d 1275 , 1281 (11th Cir.2002) (holding that police reasonably shot a felon fleeing in an automobile when he appeared likely to continue using his vehicle aggressively during a police pursuit).” — Haugen v. Brosseau, acknowledging the split

What the split turns on

Anchor precedents:: Tennessee v. Garner
Doctrines & tests:: Garner standard ·; qualified immunity
Constitutional provisions:: Fourth Amendment

Cases are grouped by the legal question they announce a split on, classified from the court's own acknowledgment sentence. Verified acknowledgments only. Counter-side decisions are extracted from the acknowledging opinions' own text and linked only when the citation resolves in this corpus. See all circuit splits.