Justice Sonia Sotomayor dissented Monday in a case that involved a police car chase that ended tragically. Her dissent was a reminder of her continued willingness to stand alone in criminal procedure and related areas of the law.
Sotomayor’s dissent came in an unsigned decision in Mullenix v. Luna in which the majority reversed the U.S. Court of Appeals for the Fifth Circuit. The appellate court had refused to grant qualified immunity to a Texas police officer, Chadrin Mullenix, who, attempting to stop a fleeing car, fired six shots from an overpass. Four of Mullenix’s shots hit the driver, killing him. None of the shots hit the car’s radiator, hood or engine block. Mullenix fired as the car was approaching a set of tire-spike strips set up by other officers to slow or stop the car.
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