Wilson v. Layne, 526 U.S. 603, 22 (1999)

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624

WILSON v. LAYNE

Opinion of Stevens, J.

number of common-law cases holding that similar conduct constituted a trespass,8 it surely does not provide any support for an officer's assumption that a similar trespass would be lawful.

Far better evidence of an officer's reasonable understanding of the relevant law is provided by the testimony of the Sheriff of Montgomery County, the commanding officer of three of the respondents: " 'We would never let a civilian into a home. . . . That's just not allowed.' " Brief for Petitioners 41.

III

The most disturbing aspect of the Court's ruling on the qualified immunity issue is its reliance on a document discussing "ride-alongs" apparently prepared by an employee in the public relations office of the United States Marshals Service. The text of the document, portions of which are set out in an appendix, makes it quite clear that its author was not a lawyer, but rather a person concerned with developing the proper public image of the Service, with a special interest in creating a favorable impression with the Congress. Although the document occupies 14 pages in the joint

138, 295 N. W. 2d, at 774. Important to its conclusion was its observation that, unlike the unnecessary male participation in body searches of school-girls in Doe v. Duter, 407 F. Supp. 922 (WD Wis. 1976), "[n]either the search of Dr. Prahl and his premises nor the film or its broadcast has been shown to include intimate, offensive or vulgar aspects." 98 Wis. 2d, at 138, 295 N. W. 2d, at 774. The reporter in question was stationed in the entryway of the building and was able to film into the plaintiff's office during the police interview.

8 See, e. g., Daingerfield v. Thompson, 74 Va. 136, 151 (1880) ("There seems, indeed, to be no principle of law better settled, and for which numerous authorities may be cited if necessary, than this: that all persons who wrongfully contribute in any manner to the commission of a trespass, are responsible as principals, and each one is liable to the extent of the injury done"); see also W. Keeton, D. Dobbs, R. Keeton, & D. Owen, Pros-ser and Keeton on Law of Torts § 13, p. 72 (5th ed. 1984).

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