Page 74 - North Carolina 2020 Legal Guide
P. 74

Task: Shooting at Moving Vehicles That Pose Danger






          Mullenix v. Luna, 136 S.Ct. 305 (2015).





          Where officer fired a rifle from overpass killing fleeing driver who had

          threatened to kill officers during high-speed pursuit, the Court held: that

          the law was not clearly established whether such action violated the 4                                                     th

          Amendment stating: The Court has thus never found the use of deadly

          force in connection with a dangerous car chase to violate the Fourth

          Amendment, let alone to be a basis for denying qualified immunity.





          The Court did not address whether the shooting was constitutional-

          merely that the officer was entitled to qualified immunity because the

          law was not clearly established.


                        NOTE: STATE LAW MAY BE MORE RESTRICTIVE



                                     ©2020 Jack Ryan  Legal & Liability Risk Management Institute                                    73
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