Warnings before police shootings
White v. Pauly
In brief
The Supreme Court wiped out the Tenth Circuit's judgment and sent the case back for further proceedings.
- Where it stands
- Decided
Decided 8-0 · January 9, 2017 · Per curiam
- What it’s about
- The dispute asked whether Officer Ray White violated a clearly established Fourth Amendment right when he fired without warning after joining an ongoing confrontation; Daniel Pauly represents the estate of Samuel Pauly.
- Who it affects
- The Tenth Circuit's judgment no longer stands, and Daniel Pauly's case for Samuel Pauly's estate returns to that court for more proceedings.
Summary: written with AI from the case record.
What it's about
The Supreme Court granted review, wiped out the Tenth Circuit’s judgment (vacated it), and sent the case back for further proceedings (remanded it).
Daniel T. Pauly brought the case as the personal representative of Samuel Pauly's estate.
Question presented
Does an officer’s failure to shout a warning before firing--when that officer joined an ongoing confrontation--constitute a violation of a clearly established Fourth Amendment right to be free from excessive use of force?
What the Court decided
Holding
For the foregoing reasons, the petition for certiorari is granted; the judgment of the Court of Appeals is vacated; and the case is remanded for further proceedings consistent with this opinion.
- Result
- Vacated
The vote
What's next
The case returns to the Tenth Circuit for further proceedings under the Supreme Court's opinion.
Documents
Opinions
Docket activity
New analysis added
AI analysis generated: Case Briefing
AI analysis generated: Decision Record
Case data updated: summary, question_presented, generation_metadata
Case data updated: question_presented, extraction_metadata
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Opinion added: White
More questions
- What facts did Justice Ginsburg say could still matter?
- She said further proceedings could still consider whether Officers Truesdale and Mariscal identified themselves as police and, for White, when he arrived, what he saw, and whether he had time to identify himself and tell Samuel Pauly to drop his weapon.
Sources
Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.