Pearson v. Callahan
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 07-751 | 10th Cir. |
Oct 14, 2008 Tr. |
Jan 21, 2009 | 9-0 | Alito | OT 2008 |
Issue: Whether, for qualified immunity purposes, police officers may enter a home without a warrant on the theory that the owner consented to the entry by previously permitting an undercover informant into the home. (Note: in addition to the questions presented, the Court directed the parties to brief and argue the following question: “Whether the Court’s decision in Saucier v. Katz, 533 U.S. 194 (2001) should be overruled?â€)
Judgment: Reversed, 9-0, in an opinion by Justice Samuel Alito on January 21, 2009.
SCOTUSblog Coverage
- Detainee torture case rejected anew
- Preview: Strip-search of students
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- Opinion Recap: Pearson v Callahan
- Court won't save porn law, alters immunity rule
- Pearson v. Callahan: A Tale of Two Cases—A Difficult Fourth Amendment Question Prompts the Court to Reconsider Its Qualified Immunity Test
- Court rejects campaign ad case
Briefs and Documents
Merit briefs- Brief for Petitioners Cordell Pearson, Marty Gleave, Dwight Jenkins, Clark Thomas, and Jeffrey Whatcott
- Brief for Respondent Afton Callahan
- Reply Brief for Petitioners Cordell Pearson, Marty Gleave, Dwight Jenkins, Clark Thomas, and Jeffrey Whatcott
- Brief for States of Illinois, Alabama, Alaska, Arkansas, California, Colorado, Florida, Georgia, Hawaii, Idaho, Indiana, Massachusetts, Michigan, Mississippi, Montana, Nevada, New Hampshire, New Jersey, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Washington, West Virginia, Wisconsin, and Wyoming, and The Commonwealth of Puerto Rico of in Support of Petitioner
- Brief for the United States of America in Support of Petitioner
- Brief for the National Association of Counties, Council of State Governments, the International City/ County Management Association, the U.S. Confernence of Mayors, and the International Municipal Lawyers Association in Support of Petitioner
- Brief for the National Association of Criminal Defense Lawyers in Support of Respondent
- Brief for the Liberty Legal Institute in Support of Respondent
- Brief for the ACLU in Support of Respondent
- Brief for the National Police Accountablilty Project and the Association of American Justice in Support of Respondent
- Brief for the National Campaign to Restore Civil Rights in Support of Respondent
- Brief for the Texas Association of School Boards in Support of Neither Party
