For completeness, the following description contains the facts as presented by both sides, with Harris’s version used where there is a discrepancy. Rather, for the purposes of deciding Scott’s motion for summary judgment, the lower courts are required to consider as true the facts that are most favorable to the opposing party, Harris.
Note: Because this appeal is from a summary judgment motion before trial, there have been no findings of facts in this case. The Court will also further define the reasonableness requirement inherent in the Fourth Amendment, contributing to an already expansive and complex body of law. The Supreme Court, reviewing the Eleventh Circuit’s opinion in favor of Harris, will determine the standard to be applied to uses of force in vehicular pursuits which will in turn affect police officers’ discretion in such situations. Nevertheless, Scott argues that he should be entitled to qualified immunity. Scott argues, however, that the force used should not be characterized as “deadly force” and that a simple reasonableness, and not the more specific test of Garner, should apply. 1 (1985), which set forth circumstances in which deadly force is reasonable to prevent escape, Scott’s use of force was unreasonable and unconstitutional.
Using his push bumper, Scott made direct contact with Harris’s car, causing him to lose control and roll down an embankment. Officer Timothy Scott joined the chase and after approximately six minutes of pursuit at average speeds between 80 and 90 miles per hour and an unsuccessful attempt at stopping Harris, Scott received authorization from his supervisor to stop Harris by force. When they tried to pull him over, Harris sped away. If you have any information regarding this investigation, please call Traffic Homicide Investigator Officer Chris Livingston at (321) 608-6612.In 2001, police witnessed Victor Harris driving 73 miles per hour in a 55 miles per hour zone. The Selective Traffic Enforcement Unit is currently investigating this crash.
The suspected driver of the other vehicle was identified as Scott. At this time, all involved are believed to be in stable condition. The juvenile in the red Ford was airlifted to Arnold Palmer hospital in Orlando. The investigating officer relayed this information to the surrounding units and another officer then attempted to catch up to the red Ford as it was now traveling west on Parkway, still at a high rate of speed.Īs the officer was trying to catch up, he saw the red Ford drive into the intersection of Wickham and Parkway where the driver ran the red light and was struck by multiple vehicles, ejecting three occupants of the red Ford.Īs officers arrived on the scene, they began providing emergency medical treatment to the injured parties on the scene and multiple people were taken to local hospitals with injuries.
Due to erratic behavior and the danger it posed to the community, the police officer disengaged from the vehicle.ĭuring the investigation, officers discovered the incident began due to a domestic argument between the drivers of the vehicles and probable cause for felony domestic violence charges was developed. The officer also observed damage to the vehicle consistent with this incident.Īs the vehicle continued north on Stewart, the officer attempted to stop the red Ford, but the vehicle fled from the officer at a high rate of speed. The officers contacted the driver of the black Mercury sedan, who was identified through the investigation to be the victim.Īnother officer observed the red Ford in the area of Stewart and Lake Washington and was able to see the male driver as the vehicle passed him. Officers turned on their emergency overhead lights to conduct a traffic stop and the black Mercury stopped for the officers while the red Ford fled at a high rate of speed.
According to Melbourne Police Commander Mark Renkens, Dominique Scott, 30, was charged in connection with this incident with Aggravated Battery with a Motor Vehicle (DV), Battery with One Prior Conviction (DV), Aggravated Child Abuse, Driving While License Permanently Revoked, Aggravated Fleeing and Eluding, Reckless Driving Resulting in Serious Bodily Injury, and Grand Theft Motor Vehicle.Ĭommander Renkens said police officers first received calls that two vehicles, a red vehicle and a black vehicle, were driving recklessly in the area of Lake Washington and Stewart actively striking each other.Ī red Ford sedan was observed by officers driving into oncoming traffic in the area of Aurora and Mosswood and intentionally ramming a black Mercury sedan.