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Qualified Immunity and Entry of a Home

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The Notorious Ninth gets another unanimous summary reversal today in Ryburn v. Huff.  The case involves police entry into a home under circumstances they believed to be exigent and qualified immunity in a subsequent civil suit.

(My summaries of this morning's cases are necessarily brief.  I may expand on them later today.  Further discussion in the comments is welcome, as always.)

1 Comment

I would have preferred that this one be set for oral argument. While I don't necessarily disagree with the Supreme Court's decision, I am troubled by some of the implications of the Court's opinion. Citizens have a right to assert their rights, and courts have to be careful to ensure that the assertion of rights is not carte blanche for police officers. We don't live in a country where police can kick down your doors on the basis of rumor, and we do have a Second Amendment in this country.

Like I said, I don't necessarily disagree with the Court, and the "santization" described by Judge Rawlinson is a problem. However, there are serious issues lurking in this case, and summary reversal, IMHO, was not the right way to go.

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