Messerschmidt v. Millender
|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
Dec 5, 2011
|Feb 22, 2012||6-3||Roberts||OT 2011|
Holding: The officers in the case are entitled to qualified immunity for executing a search warrant for firearms and evidence of gang activity in a home after a victim reported that the suspect had threatened her with a gun.
Plain English Summary:
Judgment: Reversed, 6-3, in an opinion by Chief Justice Roberts on February 22, 2012. Justice Breyer filed a concurring opinion. Justice Kagan filed an opinion concurring in part and dissenting in part. Justice Sotomayor filed a dissenting opinion, which was joined by Justice Ginsburg.
- Reviewing the Fourth Amendment cases of OT2011 (Orin Kerr)
- Opinion analysis: Court gives police officers qualified immunity (Michael F. Smith)
- Probable cause of what? A comment on Messerschmidt v. Millender (Orin Kerr)
- Argument recap: Qualified immunity under Malley - sweeping change, or more of the same? (Michael F. Smith)
- Thoughts on Messerschmidt v. Millender (Orin Kerr)
- Argument preview: How lacking is "so lacking"? (Michael F. Smith)
Briefs and DocumentsMerits Briefs for the Petitioners
- Brief for Curt Messerschmidt and Robert Lawrence
- Reply brief for Curt Messerschmidt and Robert Lawrence
- Brief for the National Rifle Association of America, Inc., and the California Rifle and Pistol Association Foundation, Inc.
- Brief for the American Civil Liberties Union
- Opinion below (9th Circuit)