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Tuesday, November 05, 2013

You can't make this stuff up, § 1983 edition

Here is the story, out of New Mexico, which has been picked up nationally. The complaint is here.

So: Would the officers even try asserting qualified immunity, on the ground that there is no case law establishing this conduct as unconstitutional? Is it safe to say these guys are plainly incompetent? Absent case law, is this analogous to Judge Posner's hypothetical about selling foster children into slavery? And what of the doctors? Did they act under color of law? And under what test?

Discuss.

Posted by Howard Wasserman on November 5, 2013 at 03:38 PM in Civil Procedure, Constitutional thoughts, Howard Wasserman | Permalink

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