At 9:30 a.m. on Monday we expect ... (click to view)
Editor's Note :
At 9:30 a.m. on Monday we expect additional orders from the Court's November 25 Conference. On Tuesday, December 2, we expect one or more opinions in argued cases; we will begin live blogging shortly before 10:00 a.m.
Issue: Whether the court of appeals was correct when it held
that it was “categorically precluded” from reviewing the record as a whole to determine whether
plaintiff’s version of events, which the district
court held sufficient to defeat qualified immunity, was blatantly contradicted by the record such
that no reasonable jury could believe it; and (2) whether, if the court of appeals was required to review
the record as whole to determine whether
plaintiff’s version of events was blatantly contradicted
by the record such that the defendant deputies
were entitled to qualified immunity, a video or
audio recording (such as in Scott v. Harris) is the only evidence that is sufficient to overcome
conflicting version of events.
Wondering how it went; what to learn from looking back; the importance of moot courts; and why the regular presence of cameras at oral argument is a bad idea. “Just the way they say, ‘Battle plans never survive contact with the enemy,’ oral argument plans never survive contact with the Court.” In this six-part interview, Eric Schnapper […]
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