Medill News Service
On Dec. 13, 2004, the U.S. Supreme Court accepted the case for review, and without oral arguments, issued an 8-1 per curiam opinion, reversing the 9th Circuit judgment. In its opinion for Brousseau, the Court held that she was entitled to qualified immunity in that her firing on a fleeing felon did not constitute a clearly established violation of the felon's 4th Amendment right to be free from excessive force.
In his dissent, Justice John Paul Stevens wrote that it was objectively unreasonable for the officer to use deadly force in an attempt to keep the felon from escaping.
Attorneys for Petitioner: Mary Ann McConaughy Keating, Bucklin & McCormack, Inc., P.S. (206) 623-8861 800 Fifth Ave., Ste. 4141 Seattle, WA 98104-3175 Party name: Rochelle Brosseau
Attorneys for Respondent: Randy W. Loun 509 4th Street (360) 377-7678 Suite 6 Bremerton, WA 98337 Party name: Kenneth J. Haugen
Bonnie I. Robin-Vergeer Public Citizen Litigation Group (202) 588-1000 1600 20th Street, N.W. Washington, DC 10009-1001 Party name: Kenneth J. Haugen
Other: Michael John Hansen Garretson Goldberg Fenrich & Makler (503) 226-3906 5530 SW Kelly Avenue Portland, OR 97239 Party name: Police Officers Research Association of California Legal Defense Fund, et al.
Talis Abolins Office of the Attorney General (360) 459-6600 629 Woodland Square Lp. SE P.O. Box 40126 Olympia, WA 98504-0126 Party name: States of Washington, et al.
