Brosseau v. Haugen
United States Supreme Court
543 U.S. 194 (2004)
Officer Rochelle Brosseau (defendant) responded to a fight involving Kenneth Haugen (plaintiff), who had an outstanding felony warrant; after fleeing on foot and then trying to escape in his Jeep, Haugen was chased by Brosseau, who shattered his window, struck him with her gun, and — as the Jeep began pulling away with other officers on foot and other people nearby — shot him in the back, later explaining she feared for others' safety. Haugen survived, pleaded guilty to felony fleeing, and sued Brosseau under 42 U.S.C. § 1983 for excessive force under the Fourth Amendment. The district court granted Brosseau summary judgment on qualified immunity, but the Ninth Circuit reversed, finding the right against this kind of excessive force was clearly established.
Whether an official is entitled to qualified immunity if the constitutional right alleged to have been violated has not been clearly established under the law.