On Politics

Mon Dec 11 2023

Marina Pitofsky | Associate Editor/Politics

Hi OnPolitics readers! The Supreme Court on Monday weighed in on the case of Elise Brown, then 83 years old when she was ordered out of her blue Oldsmobile by police in California in 2019.

The officers who pulled Brown over mistakenly thought the car she was driving had been stolen, and, following their protocol, drew their handguns, handcuffed Brown and forced her to her knees, USA TODAY's Supreme Court correspondent John Fritze reports.

🚨 Excessive force: A federal appeals court ruled earlier this year the woman could sue police for using excessive force, waiving a legal doctrine known as qualified immunity that protects officers from some liability. And the Supreme Court on Monday let that ruling stand, allowing Brown's lawsuit to proceed.

"Ms. Brown was terrified, humiliated, and emotionally traumatized," her lawyer told the Supreme Court. "That conduct was not reasonable; it was extraordinarily dangerous and flatly inconsistent with the Fourth Amendment's prohibition on excessive force."

🚓 How do police protections work? At a time when the nation is grappling with fatal police confrontations, the Supreme Court has mostly balked at lawsuits questioning legal immunity for officers. Police organizations have long argued that officers need legal protections when they have to make split-second decisions or protect themselves.

❓ What's next? The case isn't likely to have an impact on future immunity or excessive force cases, Fritze explains. That's because they're issues courts tend to consider on a case-by-case basis.