Tuesday, March 25th, 2008...10:17 am
Saucier Order of Battle
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Recent opinions from the Alaska Supreme Court and the 9th Circuit have questioned the wisdom of the “order of battle” dictated by Saucier v. Katz (2001)(in constitutional tort cases, decide liability first, then qualified immunity). The U. S. Supreme Court has now granted cert and directed the parties to brief whether that part of Saucier should be overruled. H/T: Orin Kerr on The Volokh Conspiracy.
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