2001 crash in PTC left speeding suspect a paraplegic

The U.S. Supreme Court has agreed to determine whether or not a Coweta County sheriff’s deputy should face a civil federal trial for using his patrol vehicle to ram a suspect’s car to halt a high-speed pursuit that ended in Peachtree City.

The suspect, Victor Harris, was wanted for speeding 73 mph in a 55 zone in the March 2001 incident, but he led police on a six-mile pursuit that ended on Ga. Highway 74 south, according to the record of the case. Injuries from the ensuing crash left Harris a paraplegic after Dep. Timothy Scott rammed Harris’ car to halt the chase.

The U.S. 11th Circuit Court of Appeals previously ruled that the case could go to a jury trial and that Harris was not protected by qualified immunity, a legal doctrine that protects government agents from civil prosecutions so long as their actions are “reasonable” and don’t violate a person’s constitutional rights.

The U.S. Supreme Court is looking to hear arguments from both sides on whether Scott’s action was considered reasonable — and whether Scott violated “clearly established law” — since Harris “had demonstrated that he would continue to drive in a reckless and dangerous manner that put the lives of innocent persons at serious risk of death.”

The 11th Circuit Court of Appeals opinion notes that while Harris fled police, he “remained in control of his vehicle, slowed for turns and intersections and typically used his indicators for turns” and he did not run any motorists off the road.

At the time Scott rammed Harris, Ga. Highway 74 had been cleared of motorists and pedestrians, the appeals court noted. But Scott has said he chose that time to ram Harris “to prevent an accident with innocent motorists,” according to his court filing.

During the pursuit, which reached speeds of at least 90 mph, Harris also passed vehicles on double yellow traffic control lanes and he ran through two red lights, the appeals court said.

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