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Scott v. Harris (view source)

Revision as of 02:01, May 17, 2010

1,025 bytes added ,  02:01, May 17, 2010
Justice Breyer's concurrence
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''Id.'' at 390 n.1 (Stevens, J., dissenting).
 
''Id.'' at 390 n.1 (Stevens, J., dissenting).
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== Justice Breyer's Concurrence ==
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In an increasingly cited concurrence, Justice [[Stephen Breyer]] urged the reversal of a precedent that requires lower courts to address fact-based constitutional issues before deciding the applicability of qualified immunity for police officers:
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{{cquote|[T]he video makes clear the highly fact-dependent nature of this constitutional determination. And that fact-dependency supports the argument that we should overrule the requirement, announced in ''Saucier v. Katz'', 533 U.S. 194, 121 S. Ct. 2151, 150 L. Ed. 2d 272 (2001), that lower courts must first decide the "constitutional question" before they turn to the "qualified immunity question." See id., at 200, 121 S. Ct. 2151, 150 L. Ed. 2d 272 ("[T]he first inquiry must be whether a constitutional right would have been violated on the facts alleged").}}
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''Id.'' at 387 (Breyer, J., concurring).  Justice Breyer also suggested that interested readers could view the video of the crash using a link provided with the opinion.
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== References ==
 
== References ==
Aschlafly
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