Jean Henderson, as Next Friend and Guardian of Christopher Henderson v. Harris County, Texas, et al.
SocialSecurity FourthAmendment JusticiabilityDoctri
Does qualified immunity shield an officer who uses unreasonable force against a fleeing misdemeanor suspect who complies with an officer's order to stop and raises his hands in surrender?
QUESTION PRESENTED After initially running from the police, a young man complied with an officer’s order to surrender by halting and raising his hands. The officer nevertheless tased the man. The tasing caused the man’s head to slam onto pavement and led to a traumatic brain injury. After officers subdued the man, the officer cycled the taser and tased him again. In this 42 U.S.C. § 1983 action, brought by the victim’s grandmother, the Fifth Circuit held that the officer did not violate clearly established law because an individual cannot lead police on a chase “and then turn around, appear to surrender and receive the same Fourth Amendment protection” he would have received “in the first place.” The question presented is: Does qualified immunity shield an officer who uses unreasonable force against a fleeing misdemeanor suspect who complies with an officer’s order to stop and raises his hands in surrender? (i)