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Monday, May 18, 2020

Cert denied in three qualified immunity cases

In a post about the Reuters stories on qualified immunity, I mentioned that SCOTUS had multiple cert petitions in the May 15 conference dealing with qualified immunity. Monday's Orders List included denials in three: Kelsay v. Ernst (police officer slams woman to the ground), Jessop v. City of Fresno (officers stole $ 225,000 in cash and rare coins while executing search warrant), and Clarkston v. White (retaliatory denial of charter-school application, where real issue was proper defendant rather than whether right was clearly establish). No noted dissents from any of the cases, even the truly egregious Jessop. Ten other petitions remain with the Court, including several that ask the Court to rethink the entire doctrine.

Posted by Howard Wasserman on May 18, 2020 at 09:47 AM in Civil Procedure, Constitutional thoughts, Howard Wasserman | Permalink


Relisting and rescheduling are critically different things.

Posted by: Asher Steinberg | May 18, 2020 6:44:08 PM

Yeah, I saw the same report that they were relisted until this Thursday.

Posted by: Howard Wasserman | May 18, 2020 5:54:10 PM

My understanding is the other ten were rescheduled and not discussed at Friday's conference.

Posted by: Asher Steinberg | May 18, 2020 3:54:18 PM

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