In the case City of Los Angeles et al. v. Heller, 1985, the U.S Supreme Court ruled in favor of two police officers and the city they worked for when a man named Steven Heller sued them for violating his constitutional rights during an arrest where he was shot and injured. The court held that even if it were assumed that the officers acted unreasonably by using excessive force to apprehend Heller, there would be no liability on part of municipality unless municipal policy caused such violation. This decision reinforced previous rulings stating that municipalities are not liable under Section 1983 (a civil rights law) unless action pursuant to official municipal policy caused a constitutional tort.

In the dissenting opinion for the City of Los Angeles v. Heller case, Justice Thurgood Marshall argued that police officers should be held accountable for their actions and not granted immunity when they violate constitutional rights. He disagreed with the majority's decision to grant qualified immunity to a police officer who shot an unarmed man during a burglary investigation without any immediate threat or danger present. According to him, this ruling undermines citizens' Fourth Amendment rights against unreasonable seizures by law enforcement officials. Furthermore, he expressed concern that such decisions could encourage reckless behavior among police officers as they would feel protected from legal consequences even if they act unconstitutionally in carrying out their duties.