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« No surprise here | Main | Privately funding relief from disabilities »

Interesting procedural case

Posted by David Hardy · 26 May 2011 09:18 AM

Camreta v. Greene, decided today. A party which won in the Court of Appeals may still seek certiorari to review the ruling. The case was a 1983 suit over an alleged Fourth Amendment violation. The Ninth Circuit ruled that the conduct had violated the Fourth Amendment, but that the defendants were protected by qualified immunity (the violation wasn't already clearly established as a matter of law). Defendants asked the Court to review the finding that the conduct violated the Fourth Amendment, even though they had won on immunity grounds. The Court holds that it can take such review, but that the issue is now moot, and concludes by vacating the Ninth Circuit's ruling rather than just dismissing the appeal and leaving the ruling stand.

· General con law

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