· 1/10/2007
Adams v. Speers
Citations
- 473 F.3d 989
- 2007 WL 60386
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that officer was not entitled to qualified immunity where he acted “on a mission of his own creation, abandoning his assignment . . . for no apparent reason except the excitement of the chase”
- holding no reasonably acting officer “could have believed that he could use deadly force to apprehend” fleeing driver after stepping out of patrol vehicle and shooting driver without warning or need for self-defense
- noting the officer “did not fire to protect other officers” but rather “to prevent the suspect’s flight”
- finding same where, without a sufficient threat of harm to others, an officer shot a fleeing suspect on the highway and by using deadly force actually created a serious hazard for himself and the suspect
- officer fired shots from “in front of the [suspect’s vehicle] as it rolled backwards away from him”
- officers violated a clearly established right where they did not warn or use alternative methods to stop 3 24-1864 a suspect who posed no threat to the public and had no opportunity to escape
Source: CourtListener parenthetical corpus (CC0).
Judges: Noonan, Hawkins, Thomas
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.