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Home » Should Courts Use Sister Circuit Consensus in Police Immunity Analysis? 2 Judges Say Yes
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Should Courts Use Sister Circuit Consensus in Police Immunity Analysis? 2 Judges Say Yes

News RoomBy News RoomAugust 8, 20241 Min Read
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Should Courts Use Sister Circuit Consensus in Police Immunity Analysis? 2 Judges Say Yes
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When a court is deciding whether a police officer or prison guard is immune from a civil lawsuit, does agreement among circuits that certain police conduct is unconstitutional carry any weight?

The U.S. Court of Appeals for the Eleventh Circuit has said no, but two judges urged their colleagues to reconsider that stance last week in a case where the panel granted qualified immunity for prison officials who strip searched a visitor without reasonable suspicion.

Judge Robin Rosenbaum of the U.S. Court of Appeals for the Eleventh Circuit. (Photo: J. Albert Diaz/ALM)

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