Carrillo v. Las Vegas Metropolitan Police Department

MEMORANDUM

Petra Carrillo, acting individually, on behalf of her minor children, and as special administratrix of the estate of her husband, Ivan Carrillo, appeals the district court’s summary judgment in favor of the Las Vegas Metropolitan Police Department (“LVMPD”) and former LVMPD Officer Aron Carpenter in this case stemming from Ivan’s death during a car chase. We have jurisdiction under 28 U.S.C. § 1291 and affirm.

1. Taking the facts in the light most favorable to Ms. Carrillo, we agree with the district court that Carpenter did not violate the Fourth Amendment by intentionally colliding with Ivan Carrillo’s vehicle. “A police officer’s attempt to terminate a dangerous high-speed car chase that threatens the lives of innocent bystanders does not violate the Fourth Amendment, even when it places the fleeing motorist at risk of serious injury or death.” Scott v. Harris, 550 U.S. 372, 386 , 127 S.Ct. 1769 , 167 L.Ed.2d 686 (2007); see also Plumhoff v. Rickard, — U.S. -, 134 S.Ct. 2012, 2021 , 188 L.Ed.2d 1056 (2014). Ivan Carrillo plainly posed a danger to others when fleeing the police by crossing into oncoming traffic, purposely avoiding a spike strip designed to halt his…