Saucier v. Katz
Encyclopedia
Saucier v. Katz, , was a case decided by the United States Supreme Court in which the court considered the qualified immunity
of a police officer to a civil rights case brought through a Bivens action.
in San Francisco, California
was the site of an event to celebrate conversion of the base to a national park. Elliot Katz, the president of a group called In Defense of Animals, brought with him a cloth banner, approximately 4 by 3 feet, that read "Please Keep Animal Torture Out of Our National Parks," to voice opposition to the possibility that the Army's Letterman Hospital
might be used for experiments on animals.
While Vice President
Albert Gore, Jr. began giving a speech, Katz removed the banner from his jacket, started to unfold it, and walked toward the fence and speakers' platform. Petitioner Donald Saucier, a military police officer who was on duty that day, had been warned by his superiors of the possibility of demonstrations, and respondent had been identified as a potential protestor. He and Sergeant Steven Parker, another military police officer, moved to intercept Katz as he walked toward the fence. As Katz reached the barrier and began placing the banner on the other side, the officers grabbed respondent from behind, took the banner, and rushed him out of the area. Saucier and Parker took respondent to a nearby military van, where, respondent claims, he was shoved or thrown inside.
Katz brought an action in the United States District Court for the Northern District of California
against petitioner and other officials pursuant to Bivens v. Six Unknown Fed. Narcotics Agents, 403 U. S. 388 (1971), alleging, that defendants had violated his Fourth Amendment
rights by using excessive force
to arrest him.
.
The Supreme Court held that qualified immunity analysis must proceed in two steps. First, a court must ask whether "the facts alleged show the officer’s conduct violated a constitutional right." Second, if a constitutional right was violated, the court then would go on to determine whether the constitutional right was "clearly established."
In its 2009 decision in Pearson v. Callahan
the Supreme Court modified the two-step immunity analysis imposed in Saucier to make its application less restrictive. Where Saucier required courts to confront the first prong of the analysis before moving on to the second, Pearson says "the Saucier protocol should not be regarded as mandatory in all cases."
The Court in Pearson goes on to say, "Our decision does not prevent the lower courts from following the Saucier procedure; it simply recognizes that those courts should have the discretion to decide whether that procedure is worthwhile in particular cases."
Qualified immunity
Qualified immunity is a doctrine in U.S. federal law that arises in cases brought against state officials under 42 U.S.C Section 1983 and against federal officials under Bivens v. Six Unknown Named Agents, 403 U.S. 388 . Qualified immunity shields government officials from liability for the...
of a police officer to a civil rights case brought through a Bivens action.
Background
In 1994, the Presidio Army BasePresidio of San Francisco
The Presidio of San Francisco is a park on the northern tip of the San Francisco Peninsula in San Francisco, California, within the Golden Gate National Recreation Area...
in San Francisco, California
San Francisco, California
San Francisco , officially the City and County of San Francisco, is the financial, cultural, and transportation center of the San Francisco Bay Area, a region of 7.15 million people which includes San Jose and Oakland...
was the site of an event to celebrate conversion of the base to a national park. Elliot Katz, the president of a group called In Defense of Animals, brought with him a cloth banner, approximately 4 by 3 feet, that read "Please Keep Animal Torture Out of Our National Parks," to voice opposition to the possibility that the Army's Letterman Hospital
Letterman Army Hospital
The Letterman Army Hospital was located on the Presidio of San Francisco and was established around 1898.- History :The hospital, built in 1898 and named in 1911 for Jonathan Letterman, was featured in every US foreign conflict in the 20th century and remained in service until the army base was...
might be used for experiments on animals.
While Vice President
Vice president
A vice president is an officer in government or business who is below a president in rank. The name comes from the Latin vice meaning 'in place of'. In some countries, the vice president is called the deputy president...
Albert Gore, Jr. began giving a speech, Katz removed the banner from his jacket, started to unfold it, and walked toward the fence and speakers' platform. Petitioner Donald Saucier, a military police officer who was on duty that day, had been warned by his superiors of the possibility of demonstrations, and respondent had been identified as a potential protestor. He and Sergeant Steven Parker, another military police officer, moved to intercept Katz as he walked toward the fence. As Katz reached the barrier and began placing the banner on the other side, the officers grabbed respondent from behind, took the banner, and rushed him out of the area. Saucier and Parker took respondent to a nearby military van, where, respondent claims, he was shoved or thrown inside.
Katz brought an action in the United States District Court for the Northern District of California
United States District Court for the Northern District of California
The United States District Court for the Northern District of California is the federal United States district court whose jurisdiction comprises following counties of California: Alameda, Contra Costa, Del Norte, Humboldt, Lake, Marin, Mendocino, Monterey, Napa, San Benito, San Francisco, San...
against petitioner and other officials pursuant to Bivens v. Six Unknown Fed. Narcotics Agents, 403 U. S. 388 (1971), alleging, that defendants had violated his Fourth Amendment
Fourth Amendment to the United States Constitution
The Fourth Amendment to the United States Constitution is the part of the Bill of Rights which guards against unreasonable searches and seizures, along with requiring any warrant to be judicially sanctioned and supported by probable cause...
rights by using excessive force
Excessive Force
Excessive Force is a musical side project started in 1991 by Sascha Konietzko of KMFDM and Buzz McCoy of My Life With the Thrill Kill Kult.-History:...
to arrest him.
Supreme Court Decision
The Supreme Court in an opinion delivered by Justice Kennedy held that Saucier was entitled to qualified immunityQualified immunity
Qualified immunity is a doctrine in U.S. federal law that arises in cases brought against state officials under 42 U.S.C Section 1983 and against federal officials under Bivens v. Six Unknown Named Agents, 403 U.S. 388 . Qualified immunity shields government officials from liability for the...
.
The Supreme Court held that qualified immunity analysis must proceed in two steps. First, a court must ask whether "the facts alleged show the officer’s conduct violated a constitutional right." Second, if a constitutional right was violated, the court then would go on to determine whether the constitutional right was "clearly established."
In its 2009 decision in Pearson v. Callahan
Pearson v. Callahan
Pearson v. Callahan, 555 U.S. 223 , is a case decided by the United States Supreme Court.The Court took to the unusual step of asking the parties to argue whether past precedent should be overturned. The theory under that 2001 decision, Saucier v. Katz, is that without courts first ruling on...
the Supreme Court modified the two-step immunity analysis imposed in Saucier to make its application less restrictive. Where Saucier required courts to confront the first prong of the analysis before moving on to the second, Pearson says "the Saucier protocol should not be regarded as mandatory in all cases."
The Court in Pearson goes on to say, "Our decision does not prevent the lower courts from following the Saucier procedure; it simply recognizes that those courts should have the discretion to decide whether that procedure is worthwhile in particular cases."