The Volokh Conspiracy’s Orin Kerr calls December 13th “Ninth Circuit Correction Day” because of two summary reversals of criminal-friendly decisions of the zany federal appellate court, which he summarizes nicely. (See also Dec. 7.) In one, Brousseau v. Haugen, the Court threw out a case that the Ninth Circuit had reinstated. Kenneth J. Haugen pled guilty to a felony, admitting that, while attempting to escape an arrest, he drove a Jeep through a “small, tight space” crowded with vehicles with “wanton or wilful disregard for the lives…of others.” But he sued the officer who apprehended him by wounding him with a shot as he was driving away (after disregarding multiple orders to surrender to an officer with a drawn weapon). The Ninth Circuit had wanted to let this case against the policewoman be decided by a jury for a supposed violation of civil rights. (David G. Savage, “Supreme Court Sides With Police”, LA Times, Dec. 13). Other police-chase lawsuits: Feb. 18; Sep. 21, 2003; Jul. 23, 2003; and older entries.
Brousseau v. Haugen: another summary reversal of the Ninth Circuit
The Volokh Conspiracy’s Orin Kerr calls December 13th “Ninth Circuit Correction Day” because of two summary reversals of criminal-friendly decisions of the zany federal appellate court, which he summarizes nicely. (See also Dec. 7.) In one, Brousseau v. Haugen, the Court threw out a case that the Ninth Circuit had reinstated. Kenneth J. Haugen pled […]
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