Scott had not been trained in executing this maneuver. 2 Harris' expert's report attests that “national law enforcement standards require than an officer be trained in all deadly force applications before being permitted to use those applications.” R. After getting on Highway 74, Scott radioed a general request for “Permission to PIT him.” A “PIT” (“Precision Intervention Technique”) maneuver is a driving technique designed to stop a fleeing motorist safely and quickly by hitting the fleeing car at a specific point on the vehicle, which throws the car into a spin and brings it to a stop. Through Peachtree City, Scott took over as the lead vehicle in the chase. 1 Harris then entered Highway 74 and continued to flee southward at a high speed. Harris attempted to turn to the left to avoid hitting Scott's car, but the two vehicles came in contact with each other, causing minor damage to Scott's cruiser. Scott proceeded around the opposite side of the complex in an attempt to prevent Harris from leaving the parking lot and getting onto Highway 74, driving his vehicle directly into Harris' path. Scott heard the radio communication and joined the pursuit, as it proceeded toward the county line into Fayette County, Georgia.Īfter crossing into Peachtree City in Fayette County, Harris slowed down, activated his blinker, and turned into a drugstore parking lot located in a shopping complex, where two Peachtree City police vehicles were already stationed. He did not relay that the underlying charge was speeding.
Harris stayed in control of his vehicle, utilizing his blinkers while passing or making turning movements.Īfter Harris refused to stop, the deputy radioed dispatch and reported that he was pursuing a fleeing vehicle, and broadcast its license plate number. The deputy pursued, and in attempting to flee, Harris drove in excess of the speed limit, at speeds between 70 and 90 miles per hour, passed vehicles on double yellow traffic control lanes, and ran through two red lights. Although the deputy flashed his blue lights, Harris continued driving. The vehicle that Harris was driving was registered in Harris' name and at his proper address. Between 10:30 and 11:00 pm on March 29, 2001, a Coweta County deputy clocked Harris' vehicle at 73 miles per hour in a 55 mile-per-hour zone. Viewed in the light most favorable to the non-movant, Harris, the facts pertaining to the chase that covered approximately nine miles and lasted approximately six minutes are as follows. § 1983 action based on Harris' allegations that Scott violated his Fourth Amendment rights by using excessive force during a high-speed car chase, and that Fenninger violated his Fourth Amendment rights by authorizing that use of force. Clarke, Memphis, TN, Craig Thomas Jones, Edmond & Jones, LLP, Atlanta GA, for Plaintiff-Appellee.Ĭoweta County Deputy Timothy Scott (“Scott”) and Coweta County Sergeant Mark Fenninger (“Fenninger”) appeal from the denial of summary judgment on their claims of qualified immunity on Victor Harris' (“Harris”) 42 U.S.C. Choy, Freeman, Mathis & Gary, LLP, Atlanta, GA, for Defendants-Appellants.
Decided: April 20, 2005īefore BIRCH, BARKETT and COX, Circuit Judges. COWETA COUNTY, GEORGIA, et al., Defendants, Mark Fenninger, Sgt., Timothy C. United States Court of Appeals,Eleventh Circuit.