November 29, 2011
"Thoughts on Messerschmidt v. Millender, A Pending Case on Search Warrants and Qualified Immunity"
From Orin Kerr at The Volokh Conspiracy. Bottom line:
I think the Supreme Court should reverse the Ninth Circuit because the Ninth Circuit misapplied the well-established qualified immunity standard. The error in the warrant was hardly glaring: It was actually a rather subtle error. So I think the Court should reverse and hold that qualified immunity should attach. At the same time, I don’t think the Court should depart from the well-established qualified immunity standard in this case.
November 29, 2011 | Permalink
They really have a great idea on the immunity if the Supreme Court are already reversing the Ninth circuit.
Posted by: Joseph Smith | Aug 2, 2012 7:06:14 AM