2 F.4th 767
8th Cir.2021Background
- Trooper Brent Fowler observed Jerome Goode driving a blue Ford Explorer at high speed (dashcam shows ~90 mph) and initiated a traffic stop; Goode fled, prompting a pursuit.
- The pursuit lasted about 25 miles, with speeds exceeding 100 mph; other troopers joined the chase.
- Trooper J.A. Ashby deployed spike strips in the left and center lanes of I‑55, leaving the right lane open; Goode swerved into the right lane and continued fleeing.
- At mile marker 186 Goode lost control, the Explorer flipped repeatedly, and Goode and two passengers (Lavoy Steed and Leon Haywood) were killed; one passenger survived.
- Steed’s next friend sued under 42 U.S.C. § 1983, contending (1) the initial stop lacked probable cause and (2) the spike‑strip deployment constituted a Fourth Amendment seizure.
- The district court granted summary judgment for the troopers; the Eighth Circuit affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the initial traffic stop supported by probable cause? | Steed: survivor says Goode was not speeding, so no probable cause. | Fowler: dashcam shows Explorer near 90 mph and following too closely; any traffic violation provides probable cause. | Court: dashcam plainly contradicts survivor; trooper had probable cause (or at least arguable probable cause) — qualified immunity applies. |
| Did deployment/use of spike strips constitute a Fourth Amendment seizure? | Steed: spike strips were an attempt to physically restrain the car and may have punctured tires, constituting a seizure. | Ashby: spike strips were placed in left/center lanes; Explorer drove in right lane and continued — no physical force applied. | Court: dashcam shows Explorer avoided strips and continued; absent application of physical force there was no seizure under Torres — summary judgment for troopers. |
Key Cases Cited
- Morris v. Zefferi, 601 F.3d 805 (8th Cir. 2010) (de novo review of qualified immunity on summary judgment)
- Quraishi v. St. Charles Cty., Mo., 986 F.3d 831 (8th Cir. 2021) (two‑step qualified immunity framework)
- United States v. Adler, 590 F.3d 581 (8th Cir. 2009) (any traffic violation supplies probable cause for a stop)
- Schaffer v. Beringer, 842 F.3d 585 (8th Cir. 2016) (arguable probable cause suffices for immunity)
- Scott v. Harris, 550 U.S. 372 (2007) (video that blatantly contradicts a party’s account may preclude that version at summary judgment)
- Torres v. Madrid, 141 S. Ct. 989 (2021) (Fourth Amendment seizure requires application of physical force)