Unless Fixed Now, Ninth Circuit Case Granting Immunity For Police Theft Will Prove Hard To Unwind

  Forbes.com 

Image source : forbes.com
Having departed from traditional two-step analysis of qualified immunity in Jessop, the Ninth Circuit may not be able to reverse course. Jessop stands stare decisis on its head: once the existence of a right (for § 1983 purposes) is left undecided, it is likely to remain undecided for a long time.
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