U.S. Supreme Court
Jun. 18, 2014
Justices give cops too much deference
Erwin Chemerinsky on how the U.S. high court has made it extremely difficult to successfully sue police for their conduct in high-speed chases, even when they cause the deaths of innocent people.
Erwin Chemerinsky
Dean and Jesse H. Choper Distinguished Professor of Law
UC Berkeley School of Law
Erwin's most recent book is "Worse Than Nothing: The Dangerous Fallacy of Originalism." He is also the author of "Closing the Courthouse," (Yale University Press 2017).
In a series of decisions, most recently in Plumhoff v. Rickard, 2014 DJDAR 6482 (May 27, 2014), the U.S. Supreme Court has made it extremely difficult to successfully sue police for their conduct in high-speed chases. Indeed, even when police use clearly excessive force and cause the deaths of innocent people, the court's rulings create often insurmountable obstacles for plaintiffs. The court has shown far too much deference to the...
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