Alex Reinert on Qualified Immunity
The Lawfare Podcast
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The Supreme Court's Decision in Sasser v Katz
In 2001, the Supreme Court announced a decision called Sasser versus Katz. In that decision, it said courts should do exactly what you just suggested a judge would do Ben. But then in 2009, Supreme Court in Pearson versus Callahan said, lower courts don't need to follow that mandatory order anymore. They can jump right to whether law is clearly established. And if they decide that it wasn't clearly established, they never need to decide the predicate question of whether there was a constitutional violation.
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