764
Thomas, J., dissenting
entitled to qualified immunity. It was not at all clear in 1995 that respondents' conduct violated the Eighth Amendment, and they certainly could not have anticipated that this Court or any other would rule against them on the basis of nonexistent allegations or allegations involving the behavior of other prison guards. For the foregoing reasons, I would affirm the judgment of the Court of Appeals. I respectfully dissent.
Page: Index Previous 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35Last modified: October 4, 2007