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Eleventh Circuit reverses itself in police immunity case.

Publication: Trial
Publication Date: 01-NOV-03 		Format: Online
Delivery: Immediate Online Access

Article Excerpt
Nine months after ruling that a police officer was entitled to qualified immunity from a suspect's civil rights claims, the Eleventh Circuit changed its mind. In a highly unusual move, the court reversed its previous decision without prompting by either party or the Supreme Court, holding that the officer was not immune because he should have known his actions were ureasonable under the circumstances.

"We simply don't know why the Eleventh Circuit reached a different decision," said Frank Lowrey of Atlanta, who represented the officer on appeal. "Nothing in the record or in the most recent opinion gives any indication."

The case involved a shooting that occurred during a police pursuit near Atlanta in January 1998. Deputies Fred Cox and Jeff Looney were patrolling Interstate 85, in separate vehicles, looking for a red pickup truck recently reported stolen. After spotting the truck--with plaintiff Jerry Vaughan in the passenger seal--the officers attempted to stop the vehicle. Both the thick and...

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