Page 23 - 2020 OAD Gala Dinner Journal

A SPECTATOR’S PRIMER

NO. 18-1827
IN THE MOCK SUPREME COURT OF THE UNITED STATES

Alexander L. Baxter,
Petitioner,
-v.-
Brad Bracey & Spencer R. Harris,
Respondents.

INTRODUCTION

This hypothetical case is based on an actual case which was denied certiorari to the United States
Supreme Court’s 2020 Term. This case involves the doctrine of qualified immunity. Qualified immunity
is a judicially created doctrine that prevents government officials (including police officers) from being
held personally liable for constitutional violations—like the right to be free from excessive force—as long
as the officials did not violate “clearly established” law.

Two questions are at issue in this case:

1. If the use of a police dog on someone who has surrendered by lying down on the ground is
unconstitutional, is it “clearly established” that the law also applies to the use of a police dog on
someone who has surrendered by sitting on the ground with his hands up?

2. Should this Court narrow or abolish the doctrine of qualified immunity?

FACTUAL & PROCEDURAL BACKGROUND

A. The Arrest of Alexander Baxter

On January 8, 2014, Alexander Baxter was spotted while entering an unlocked home to steal
electronics. A police helicopter tracked Mr. Baxter to the basement of another house that he had
entered previously. He initially hid between a chimney and a water heater and remained silent as police
surrounded the house.

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