Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
---|---|---|---|---|---|---|
18-1173 | 10th Cir. | N/A | N/A | N/A | N/A | OT 2018 |
Issues: (1) Whether the Fourth Amendment requires a case-worker who suspects abuse to obtain a warrant to strip-search a child—an issue that has produced an acknowledged 4-2 circuit split, and is nearly identical to the issue the Supreme Court granted certiorari on but did not resolve in Camreta v. Greene; (2) whether, even if a warrant is not required in this context, clearly established federal law prohibits conducting warrantless strip searches of children at school when there are no “specific suspicions” of danger or wrongdoing justifying the “categorically extreme intrusiveness of a search down to the body”; and (3) whether the Supreme Court should reconsider its qualified-immunity jurisprudence to accord with historical common-law practice and to eliminate the widespread confusion plaguing current qualified-immunity doctrine.