Right Side of the Rainbow

SCENARIO: YOU’RE A 19 YEAR-OLD ASS CLOWN driving on a suspended license. You’re doing 73 in a 55. The police clock you, drop in behind and hit the blue lights. What do you do?

Why, hit the gas, of course. (You’re an ass clown, remember?) You’ll reach speeds in excess of 85 mph while crossing the double yellow line on a two-lane road.

The police are fearful for the safety of others, and eventually they tire of your shit. One officer in particular, Deputy Timothy Scott, decides to ram you with his push bumper. You’ll lose control of your vehicle, leave the road, run down an embankment, overturn and crash. You’re now a quadriplegic who lives in a nursing home.

Question: May you sue Deputy Scott for violation of your constitutional rights, while claiming that he should have terminated the chase and allowed you to go on your ass clown way?

Answer: Uh … no. Or, to put it more precisely, you can sue, but not successfully — at least not once Nino Scalia gets the case:

… we lay down a more sensible rule: A police officer’s attempt to terminate a dangerous high-speed car chase that threatens the lives of innocent by-standers does not violate the Fourth Amendment, even when it places the fleeing motorist at risk of serious injury or death.

The car chase that respondent initiated in this case posed a substantial and immediate risk of serious physical injury to others; no reasonable jury could conclude otherwise. Scott’s attempt to terminate the chase by forcing respondent off the road was reasonable, and Scott is entitled to summary judgment. The Court of Appeals’ decision to the contrary is reversed.

The Court posted dashboard video of the chase along side its 8-1 opinion. Watch. (Look for Scott v. Harris. Video requires Real Player.)

Tags: Supreme Court, constitutional law, high-speed chases, ass clowns