Cert granted in 4th Amendment firearms case
There's a post on it over at the Volokh Conspiracy. There appears to be no question that the search warrant was unconstitutional, but the issue remains whether the officers obtaining and executing it can be sued despite "qualified immunity." That court-created defense is available if the constitutional issue involved was not "clearly established" at the time of the unconstitutional action -- and that in turn leads to debate over how broadly or narrowly the issue is defined.
Doesn't the burden fall on the judge who issued the warrant?
Posted by: Josh at July 11, 2011 04:41 PM
Posted by: David McCleary at July 12, 2011 05:37 AM
Of course not. The Judges have decided that they have absolute, unchallengeable immunity from their own actions.
It's good to be the king...
Posted by: Flight-ER-Doc at July 12, 2011 05:43 AM