CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Tuesday, 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.

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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

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