Camreta v. Greene, 563 U.S. 692 (2011), was a case in which the Supreme Court of the United States held that in the general case the Court may review a lower court's constitutional ruling at the behest of government officials who have won final judgment on qualified immunity grounds but could not for this case due to details specific to it.[1]
Camreta v. Greene | |
---|---|
Argued March 1, 2011 Decided May 26, 2011 | |
Full case name | Bob Camreta v. Sarah Greene, personally and as next friend of S.G., a minor, and K.G., a minor; James Alford, Deputy Sheriff, Deschutes County, Oregon v. Sarah Greene, personally and as next friend of S.G., a minor |
Docket no. | 09-1454 |
Citations | 563 U.S. 692 (more) 131 S. Ct. 2020; 179 L. Ed. 2d 1118; 2011 U.S. LEXIS 4016 |
Argument | Oral argument |
Opinion announcement | Opinion announcement |
Case history | |
Prior | Greene v. Camreta, No. 6:05-cv-06047 (D. Or. Mar. 23, 2006), affirmed in part, reversed in part, 588 F.3d 1011 (9th Cir. 2009); cert. granted, 562 U.S. 960 (2010). |
Subsequent | On remand, 661 F.3d 1201 (9th Cir. 2011). |
Holding | |
In the general case the Court may review a lower court's constitutional ruling at the behest of government officials who have won final judgment on qualified immunity grounds but could not for this case due to details specific to it. | |
Court membership | |
| |
Case opinions | |
Majority | Kagan, joined by Roberts, Scalia, Ginsburg, Alito |
Concurrence | Scalia |
Concurrence | Sotomayor, joined by Breyer |
Dissent | Kennedy, joined by Thomas |
See also
editReferences
editFurther reading
edit- Kerr, Orin S. (2011). "Fourth Amendment Remedies and Development of the Law: A Comment on Camreta v. Greene and Davis v. United States". GWU Law School Public Law Research Paper No. 581. SSRN 1918991.
- Kirkpatrick, Michael T.; Matz, Joshua (2011). "Avoiding Permanent Limbo: Qualified Immunity and the Elaboration of Constitutional Rights from Saucier to Camreta (and Beyond)". Fordham Law Review. 80 (2): 643.
- Kinports, Kit (2012). "Camreta and Al-Kidd: The Supreme Court, the Fourth Amendment, and Witnesses". Journal of Criminal Law and Criminology. 102 (2): 283–328. JSTOR 23415236. SSRN 1959713.
External links
edit- Text of Camreta v. Greene, 563 U.S. 692 (2011) is available from: Cornell CourtListener Google Scholar Justia Oyez (oral argument audio) Supreme Court (slip opinion) (archived)