Battling over the interpretation of a 1998 U.S. Supreme Court ruling, a split federal appeals panel has declared that when a defendant in a civil rights case has shown that he or she is entitled to qualified immunity, there is no reason to decide the plaintiff’s constitutional claim.
The division within the three-judge panel of the U.S. Court of Appeals for the Second Circuit was sparked by a footnote in the Supreme Court’s decision in County of Sacramento v. Lewis, 118 S.Ct. 1708, which stated that the “better approach” in such cases was to first reach the constitutional issues.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]