Elder v. Holloway, 510 U.S. 510, 2 (1994)

Page:   Index   Previous  1  2  3  4  5  6  7  Next

Cite as: 510 U. S. 510 (1994)

Opinion of the Court

unlawful actions and compensating victims of such conduct. Instead, it simply releases defendants because of shortages in counsels' or the court's legal research or briefing. The decision in Davis v. Scherer, supra, was misconstrued by the Court of Appeals. Davis did not concern what authorities a court may consider in determining qualified immunity. The Court held in Davis only this: To defeat qualified immunity, the federal right on which the claim for relief is based—rather than some other right—must be clearly established. Whether a federal right was clearly established at a particular time is a question of law, not "legal facts," and must be resolved de novo on appeal. A court of appeals reviewing a qualified immunity judgment should therefore use its full knowledge of its own and other relevant precedents. It is left to the Court of Appeals to consider, in light of all relevant authority, including Al-Azzawy, whether respondents are entitled to prevail on their qualified immunity defense. Pp. 514-516. 975 F. 2d 1388, reversed and remanded.

Ginsburg, J., delivered the opinion for a unanimous Court.

Michael E. Tankersley argued the cause for petitioner. With him on the briefs were Brian Wolfman, Alan B. Morrison, and John C. Lynn, appointed by this Court, 510 U. S. 806.

James J. Davis argued the cause and filed a brief for respondents.*

Justice Ginsburg delivered the opinion of the Court.

This case presents the question whether an appellate court, reviewing a judgment according public officials quali-*Andrew J. Pincus and Steven R. Shapiro filed a brief for the American Civil Liberties Union as amicus curiae urging reversal.

A brief of amici curiae urging affirmance was filed for the State of Hawaii et al. by Robert A. Marks, Attorney General of Hawaii, and Steven S. Michaels, Deputy Attorney General, and by the Attorneys General for their respective jurisdictions as follows: Charles M. Oberly III of Delaware, Larry EchoHawk of Idaho, Roland W. Burris of Illinois, Robert T. Stephan of Kansas, Scott Harshbarger of Massachusetts, Joseph P. Mazurek of Montana, Ernest D. Preate, Jr., of Pennsylvania, Jefferey B. Pine of Rhode Island, Jeffrey L. Amestoy of Vermont, Joseph B. Meyer of Wyoming, and Malaetasi Togafau of American Samoa.

511

Page:   Index   Previous  1  2  3  4  5  6  7  Next

Last modified: October 4, 2007