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The unsigned opinion reversed a lower court decision that allowed a civil rights lawsuit filed on behalf of Leija's family against Mullenix to go forward.

Mullenix said he shot at the car in an attempt to disable it after Leija led police on a 25-mile chase that reached speeds over 100 miles an hour, was reported to be intoxicated and had twice called a police dispatcher threatening to shoot officers if they did not stop pursuing him.

Justice Sonia Sotomayor dissented, saying Mullenix had no training in shooting to disable a vehicle, fired at the car less than a second before it hit spike strips deployed to stop it and acted against the order of his superior officer, who told him to wait.

But the majority said that Mullenix did not wait out of concern that Leija might try to shoot or run over officers manning the spike strips. Evidence showed that four of Mullenix's shots struck Leija's upper body, killing him. The car continued traveling over the spikes, hit the median and rolled over.

The justices said it was not "clearly established" that Mullenix used excessive force "by selecting one dangerous alternative over another."

A federal district court ruled that there were issues of fact as to whether Mullenix acted recklessly or as a reasonable officer would in similar circumstances. A federal appeals court agreed that there were questions about how immediate the risk was to officers.

Leija fled police after they tried to arrest him for a probation violation. Mullenix testified that he radioed his superior officer with the idea of shooting at the car to disable it. Before receiving a response, Mullenix got out of his car and took a shooting position on the overpass.


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