Harris unsuccessfully attempted to avoid hitting Scott’s car. After Harris entered an empty parking lot, Scott drove directly into Harris’s path in an attempt to cut off pursuit by blocking the exit. When hearing the call, Scott assumed that the pursuit was in connection with the drug deal and began pursuit of the vehicle along with other officers. Reynolds called in the pursuit of the vehicle but did not specify the reason. He attempted to pull him over by flashing his lights, but instead Harris sped up, passed against double yellow lines, and ran a red light. Reynolds observed Harris driving 73 mph in a 55-mph zone. On the night of the accident, Officers Reynolds and Scott were parked about a mile apart, providing back up for an undercover drug deal. Harris is claiming that one of the officers, Timothy Scott, used excessive force in violation of his Fourth Amendment rights, thus causing the accident. On March 29, 2001, two Coweta County law enforcement officers engaged in a high speed pursuit of Victor Harris, which ended in the crash of Harris’s vehicle. For completeness, the following description contains the facts as presented by both sides, with Harris’s version used where there is a discrepancy. Rather, for the purposes of deciding Scott’s motion for summary judgment, the lower courts are required to consider as true the facts that are most favorable to the opposing party, Harris. Note: Because this appeal is from a summary judgment motion before trial, there have been no findings of facts in this case. The Court will also further define the reasonableness requirement inherent in the Fourth Amendment, contributing to an already expansive and complex body of law. The Supreme Court, reviewing the Eleventh Circuit’s opinion in favor of Harris, will determine the standard to be applied to uses of force in vehicular pursuits which will in turn affect police officers’ discretion in such situations. Nevertheless, Scott argues that he should be entitled to qualified immunity. Scott argues, however, that the force used should not be characterized as “deadly force” and that a simple reasonableness, and not the more specific test of Garner, should apply. 1 (1985), which set forth circumstances in which deadly force is reasonable to prevent escape, Scott’s use of force was unreasonable and unconstitutional. Using his push bumper, Scott made direct contact with Harris’s car, causing him to lose control and roll down an embankment. Officer Timothy Scott joined the chase and after approximately six minutes of pursuit at average speeds between 80 and 90 miles per hour and an unsuccessful attempt at stopping Harris, Scott received authorization from his supervisor to stop Harris by force.
When they tried to pull him over, Harris sped away. In 2001, police witnessed Victor Harris driving 73 miles per hour in a 55 miles per hour zone.
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