Opinion · Supreme Court of the United States
Hunter v. Bryant
502 U.S. 224
- Type
- Opinion
- Court
- Supreme Court of the United States
- Jurisdiction
- Federal
- Date
- 1991-12-16
- Topic
- employee-benefits-and-executive-compensation
How later courts describe this case
- holding that officers are protected by qualified immunity where they possessed trustworthy, but ultimately incorrect evidence, that a suspect planned to assassinate the President
- holding that secret service officers were entitled to qualified immunity “if a reasonable officer could have believed that probable cause existed to arrest [the plaintiff]”
- holding that the defendant officers were entitled to qualified immunity “if a reasonable officer could have believed that probable cause existed” to make the arrest
- holding that the undisputed facts showed that agents reasonably could have believed that probable cause existed
- holding that Secret Service agents were entitled to qualified immunity where they were reasonably mistaken that probable cause was present
- holding that qualified immunity allows “ample room for mistaken judgments by protecting all but the plainly incompetent or those who knowingly violate the law”
- holding that we gauge probable cause based on facts at the time the officer made the arrest
- holding that the probable-cause inquiry focuses on facts within the arresting officer’s knowledge at the time of the arrest
Citator
UpLaw has not yet analyzed Hunter v. Bryant. The absence of a flag is not a finding that it is good law.
- Authority status
- pending
- Cited by
- 3254 opinions
Headnotes
- Civil Rights Law — Qualified Immunity Qualified immunity shields law enforcement officers from suit for damages if a reasonable officer could have believed the arrest to be lawful, in light of clearly established law and the information the arresting officers possessed; officials who reasonably but mistakenly conclude that probable cause is present are entitled to immunity. Anderson v. Creighton, 483 U.S. 635, 641 (1987)
- Civil Rights Law — Qualified Immunity Because qualified immunity is an entitlement to immunity from suit rather than a mere defense to liability, immunity questions should be resolved at the earliest possible stage in litigation, and the question of immunity ordinarily should be decided by the court long before trial rather than placed in the hands of the jury. Mitchell v. Forsyth, 472 U.S. 511, 526-529 (1985); Harlow v. Fitzgerald, 457 U.S. 800, 818 (1982)
- Civil Rights Law — Qualified Immunity In assessing whether an officer is entitled to qualified immunity, the court must ask whether the officer acted reasonably under settled law in the circumstances, not whether another reasonable, or more reasonable, interpretation of the events can be constructed five years after the fact.
- Criminal Law & Procedure — Probable Cause Probable cause to arrest exists where, at the moment the arrest was made, the facts and circumstances within the arresting officers' knowledge and of which they had reasonably trustworthy information were sufficient to warrant a prudent person in believing that the suspect had violated the law. Beck v. Ohio, 379 U.S. 89, 91 (1964)
- Civil Rights Law — Qualified Immunity Secret Service agents are entitled to qualified immunity where they possessed trustworthy information that the suspect had written a letter containing references to an assassination scheme against the President, was cognizant of the President's whereabouts, had made an oral statement that the President should have been assassinated, and refused to answer questions about whether he intended to harm the President; even assuming the agents erred in concluding probable cause existed, they would still be entitled to immunity because their decision was reasonable, even if mistaken.
- Civil Rights Law — Qualified Immunity The qualified immunity standard gives ample room for mistaken judgments by protecting all but the plainly incompetent or those who knowingly violate the law, an accommodation for reasonable error that exists because officials should not always err on the side of caution for fear of being sued. Malley v. Briggs, 475 U.S. 335, 341, 343 (1986); Davis v. Scherer, 468 U.S. 183, 196 (1984)
On May 3,1985, respondent James V. Bryant delivered two photocopies of a handwritten letter to two administrative
A campus police sergeant telephoned the Secret Service, and agent Brian Hunter responded to the call. After reading the letter, agent Hunter interviewed university employees. One identified James Bryant as the man who had delivered the letter and reported that Bryant had “told her ‘[h]e should have been assassinated in Bonn.’” Another employee said that the man who delivered the letter made statements about “'bloody coups’” and “‘assassination,’” and said something about “ ‘across the throat’ ” while moving his hand horizontally across his throat to simulate a cutting action. Id., at 718-719.
Hunter and another Secret Service agent, Jeffrey Jordan, then visited a local address that appeared on the letter. Bryant came to the door and gave the agents permission to enter. He admitted writing and delivering the letter, but refused to identify “Mr. Image” and answered questions about “Mr. Image” in a rambling fashion. Bryant gave Hunter permission to search the apartment, and the agent found the original of the letter. While the search was underway, Jordan continued questioning Bryant, who refused to answer questions about his feelings toward the President or to state whether he intended to harm the President. Id., at 719.
Bryant subsequently sued agents Hunter and Jordan, the United States Department of the Treasury, and the Director of the Secret Service, seeking recovery under the Federal Tort Claims Act and alleging that the agents had violated his rights under the Fourth, Fifth, Sixth, and Fourteenth Amendments. See Bivens v. Six Unknown Fed. Narcotics Agents, 403 U. S. 388 (1971). The District Court dismissed all defendants other than agents Hunter and Jordan and all causes of action other than Bryant’s Fourth Amendment claims for arrest without probable cause and without a warrant. The court denied the agents’ motion for summary judgment on qualified immunity grounds.
On appeal, a Ninth Circuit panel held that the agents were entitled to qualified immunity for arresting Bryant without a warrant because, at that time, the warrant requirement was not clearly established for situations in which the ar-restee had consented to the agents’ entry into a residence. 903 F. 2d, at 723-724.
However, the panel divided on the question whether the agents were entitled to immunity on the claim that they had
“Even accepting the ‘alter ego’ theory that by warning what Mr. Image was going to do, Mr. Bryant was in fact communicating what he himself planned to do, the letter read in its entirety does not appear to make a threat against the president. Most of the letter does not even talk about President Reagan. A more reasonable interpretation of the letter might be that Bryant was trying to convince people of the danger Mr. Image and the conspiracy posed rather than that Bryant was speaking through Mr. Image.” Id., at 722 (emphasis added).
Our cases establish that qualified immunity shields agents Hunter and Jordan from suit for damages if “a reasonable officer could have believed [Bryant’s arrest] to be lawful, in light of clearly established law and the information the [arresting] officers possessed.” Anderson v. Creighton, 483 U. S. 635, 641 (1987). Even law enforcement officials who “reasonably but mistakenly conclude that probable cause is present” are entitled to immunity. Ibid. Moreover, because “[t]he entitlement is an immunity from suit rather than a mere defense to liability,” Mitchell v. Forsyth, 472 U. S. 511, 526 (1985), we repeatedly have stressed the importance of resolving immunity questions at the earliest possible stage in litigation. See Harlow v. Fitzgerald, 457 U. S. 800, 818 (1982); Davis v. Scherer, 468 U. S. 183, 195 (1984); Mitchell, supra, at 526; Malley v. Briggs, 475 U. S. 335, 341 (1986); Anderson, supra, at 646, n. 6.
The decision of the Ninth Circuit ignores the import of these decisions. The Court of Appeals’ confusion is evident
Under settled law, Secret Service Agents Hunter and Jordan are entitled to immunity if a reasonable officer could have believed that probable cause existed to arrest Bryant. Probable cause existed if “at the moment the arrest was made ... the facts and circumstances within their knowledge and of which they had reasonably trustworthy information were sufficient to warrant a prudent man in believing” that Bryant had violated 18 U. S. C. § 871. Beck v. Ohio, 379 U. S. 89, 91 (1964).
When Agents Hunter and Jordan arrested Bryant, they possessed trustworthy information that Bryant had written a letter containing references to an assassination scheme directed against the President, that Bryant was cognizant of the President’s whereabouts, that Bryant had made an oral statement that “‘[h]e should have been assassinated in Bonn,’ ” 903 F. 2d, at 719, and that Bryant refused to answer questions about whether he intended to harm the President. On the basis of this information, a Magistrate ordered Bryant to be held without bond.
These undisputed facts establish that the Secret Service agents are entitled to qualified immunity. Even if we assumed, arguendo, that they (and the magistrate) erred in concluding that probable cause existed to arrest Bryant, the
The qualified immunity standard “gives ample room for mistaken judgments” by protecting “all but the plainly incompetent or those who knowingly violate the law.” Malley, supra, at 343, 341. This accommodation for reasonable error exists because “officials should not err always on the side of caution” because they fear being sued. Davis, supra, at 196. Our national experience has taught that this principle is nowhere more important than when the specter of Presidential assassination is raised.
The petition for a writ of certiorari is granted, the judgment of the Court of Appeals is reversed, and the case is remanded for further proceedings consistent with this opinion.
It is so ordered.
Justice Thomas took no part in the consideration or decision of this case.
Title 18 U. S. C. § 871(a) provides:
“Whoever knowingly and willfully deposits for conveyance in the mail or for a delivery from any post office or by any letter carrier any letter, paper, writing, print, missive, or document containing any threat to take the life of, to kidnap, or to inflict bodily harm upon the President of the United States, the President-elect, the Vice President or other officer next in the order of succession to the office of President of the United States, or the Vice President-elect, or knowingly and willfully otherwise makes any such threat against the President, President-elect, Vice President or other officer next in the order of succession to the office of President, or Vice President-elect, shall be fined not more than $1,000 or imprisoned not more than five years, or both.”