I write to put our disposition of this petition in perspective. First, whether or not one agrees with the grant of summary judgment in favor of Officer Thompson, it is clear that the lower courts acted responsibly and attempted faithfully to apply the correct legal rule to what is at best a marginal set of facts.
Second, this Court applies uniform standards in determining whether to grant review in cases involving allegations that a law enforcement officer engaged in unconstitutional conduct. We may grant review if the lower court conspicuously failed to apply a governing legal rule. See this Court’s Rule 10. The dissent cites five such cases in which we granted relief for law enforcement officers, and in all but one of those cases there was no published dissent. White v. Pauly, 580 U.S. ___ (2017) (per curiam); Mullenix v. Luna, 577 U.S. ___ (2015) (per curiam); Taylor v. Barkes, 575 U.S. ___ (2015) (per curiam); Carroll v. Carman, 574 U.S. ___ (2014) (per curiam); Stanton v. Sims, 571 U.S. ___ (2013) (per curiam). The dissent has not identified a single case in which we failed to grant a similar petition filed by an alleged victim of unconstitutional police conduct.
As noted, regardless of whether the petitioner is an officer or an alleged victim of police misconduct, we rarely grant review where the thrust of the claim is that a lower court simply erred in applying a settled rule of law to the facts of a particular case. See this Court’s Rule 10. The case before us falls squarely in that category.
This is undeniably a tragic case, but as the dissent notes, post, at 8 (opinion of SOTOMAYOR, J.), we have no way of determining what actually happened in Houston on the night when Salazar-Limon was shot. All that the lower courts and this Court can do is to apply the governing rules in a neutral fashion.