Tolan v. Cotton (572 U.S. 650)

U.S. Supreme Court · decided May 5, 2014 · Supreme Court Database (Spaeth)

Citation
572 U.S. 650 · 134 S. Ct. 1861
Decided
May 5, 2014
Term
October Term 2013
Vote
9–0
Issue area
Civil Rights
Disposition
Vacated and remanded
Outcome
Petitioning party won
Ideological direction
Liberal

Opinion excerpt

PER CURIAM. During the early morning hours of New Year's Eve, 2008, police sergeant Jeffrey Cotton fired three bullets at Robert Tolan; one of those bullets hit its target and punctured Tolan's right lung. At the time of the shooting, Tolan was unarmed on his parents' front porch about 15 to 20 feet away from Cotton. Tolan sued, alleging that Cotton had exercised excessive force in violation of the Fourth Amendment. The District Court granted summary judgment to Cotton, and the Fifth Circuit affirmed, reasoning that regardless of whether Cotton used excessive force, he was entitled to qualified immunity because he did not violate any clearly established right. 713 F.3d 299 (2013). In articulating the factual context of the case, the Fifth Circuit failed to adhere to the axiom that in ruling on a motion for summary judgment, "[t]he evidence of the nonmovant is to be believed, and all justifiable inferences are to be drawn in his favor." Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). For that reason, we vacate its decision and remand the case for further proceedings consistent with this opinion. I A The following facts, which we view in the light most favorable to Tolan, are taken from the record evidence and the opinions below. At around 2:00 on the morning of December 31, 2008, John Edwards, a police officer, was on patrol in…

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