Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: SpaceBar
Can a court simply indemnify a party against legal action by decree? Seems a bit outside their scope of authority.

When state or local officials are sued in federal court for money damages for unconstitutional action, the plaintiff must prove that (1) what the officials did was unconstitutional, and (2) that the law making what they did unconstitutional was previously clear (so that state officials don't have to pay out of their own pockets if the courts recognize a new right). This is called "qualified immunity". Here, the Court ruled 8-1 that strip-searching a student is illegal (only Thomas dissented), but ruled 6-3 that this had not previously been clear (lower courts had split on the issue).

The next time this happens, the school officials will be liable, because the illegality of a strip-search is now clearly settled.

13 posted on 06/25/2009 11:27:54 AM PDT by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
[ Post Reply | Private Reply | To 12 | View Replies ]


To: Lurking Libertarian
I was going to post something similar, but your post covers it.
14 posted on 06/25/2009 11:39:36 AM PDT by SeaHawkFan
[ Post Reply | Private Reply | To 13 | View Replies ]

To: Lurking Libertarian

Thank you for making it clear...


15 posted on 06/25/2009 11:50:01 AM PDT by goat granny
[ Post Reply | Private Reply | To 13 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson