Swanson v. Morgan
Linked with Morgan v. Swanson (11-804)
Certiorari Denied
Petition for certiorari denied on June 11, 2012.
Docket No.11-941
Op. Below5th Cir.
Issue
Whether, in this qualified immunity appeal from a motion to dismiss, the Fifth Circuit's discussion of the merits of the underlying constitutional issues should be vacated because the Fifth Circuit correctly held that the law was not clearly established, the parties do not have a continuing interest in the legal issues at stake, and the Fifth Circuit's discussion of the constitutional issue constitutes an impermissible advisory opinion.
Recommended Citation: Swanson v. Morgan, SCOTUSblog, https://www.scotusblog.com/cases/swanson-v-morgan/