January 29, 2007

POS 282--Introduction to American Law
In class today, 1/29, we went over some of the concepts in Chapters one and two of the text. I distributed 3 handouts, two recent articles about law school and the third the assignment for next week.
The assignment for Monday, February 5, 2007 is

1) Read Chapter 3 of the text on Constitutional Law

2) Go to the website for the Medill School of Journalism, and read this article about a recently-accepted and soon to be argued U.S. Supreme Court case, Scott v. Harris

http://docket.medill.northwestern.edu/archives/004069.php

3) Go to this website of the 11th Circuit Court of Appeals to read the decision of the 11th Circuit that is under review by the U.S. Supreme Court

start at: http://www.ca11.uscourts.gov/opinions/

link to: Published Opinions

link to: Search the Opinions Database

go to “Search by Case Number or Docket Number”

type in 03-15094

this will direct you to “Search Results”

link to the top case, “200315094.reh.pdf” (this is the rehearing of the case)

[The full docket information for the 11th circuit case is

Case Number: 03-15094
Docket Num: 01-00148 CV-WBH-3
File Name: (click) 200315094.reh.pdf
Date Issued: 12-23-2005
Opinion Type: REH
Description: Victor Harris v. Coweta County, Georgia]
The docket entry for the U.S. Supreme Court is

05-1631 [The Supreme Court docket number]

SCOTT V. HARRIS

DECISION BELOW:433 F3d 807 Cert. Granted 10/27/2006

QUESTIONS PRESENTED: 1. Whether a law enforcement officer’s conduct is “objectively reasonable” under the Fourth Amendment when the officer makes a split-second decision to terminate a high-speed pursuit by bumping the fleeing suspect’s vehicle with his push bumper, because the suspect had demonstrated that he would continue to drive in a reckless and dangerous manner that put the lives of innocent persons at serious risk of death. 2. Whether, at the time of the incident, the law was “clearly established” when neither this Court nor any circuit court, including the Eleventh Circuit, had ruled the Fourth Amendment is violated when a law enforcement officer uses deadly force to protect the lives of innocent persons from the risk of dangerous and reckless vehicular flight.
LOWER COURT CASE NUMBER: 03-15094

This case involved a civil suit by a teenager who was left paralyzed after the police rammed his car in a high-speed car chase. The constitutional issue involves the definition of an “unreasonable” seizure under the 4th Amendment, and specifically whether a police officer has a qualified immunity from being sued when he engages in such a chase under the circumstances in this case.

4) Write a paper (approximately 2 double-spaced pages) summarizing in your own words how the constitutional test applies to the facts of this case, and giving your own opinion about how the case should be decided (an opinion, not a prediction) by the Supreme court, making reference to the language of the constitutional test.