The Supreme Court has now reversed the 9th Circuit court’s decision, and in its opinion on the case, the court argued that there should not be a debate over whether Hughes’ Fourth Amendment rights were violated, because Kisela should automatically be afforded “qualified immunity” as a police officer.“The Court need not, and does not, decide whether Kisela violated the Fourth Amendment when he used deadly force against Hughes. For even assuming a Fourth Amendment violation occurred—a proposition that is not at all evident—on these facts Kisela was at least entitled to qualified immunity. ‘Qualified immunity attaches when an official’s conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known … Because the focus is on whether the officer had fair notice that her conduct was unlawful, reasonableness is judged against the backdrop of the law at the time of the conduct.’”As SCOTUS Blog noted, even if the Supreme Court judges believed that Kisela was guilty of violating Hughes’ Fourth Amendment rights, “Kisela still could not be sued because any rights that he might have violated were not clearly established—a key factor in whether government officials enjoy immunity from lawsuits.”Even though Chadwick testified that she did not feel threatened by Hughes or the knife in her hand at the time of the shooting, the Supreme Court has chosen to side with the police officer who chose to open fire within seconds, before taking the time to accurately assess the situation.By supporting Kisela’s actions, the Supreme Court has essentially given all police officers a blank check, which says that if they see a person standing in the distance on her property, and she appears to be holding a weapon in her hand, the officer has the right to open fire and shoot her multiple times—as long as the officer maintains that he feared for his safety, even if he cannot prove that the person he targeted was threatening him.
