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SAUCIER v. KATZ

No. 99-1977.

533 U.S. 194 (2001)

SAUCIER v. KATZ et al.

United States Supreme Court.

Decided June 18, 2001.

Attorney(s) appearing for the Case

Deputy Solicitor General Clement argued the cause for petitioner. On the briefs were former Solicitor General Waxman, Acting Solicitor General Underwood, Assistant Attorney General Ogden, Jeffrey A. Lamken, Barbara L. Herwig, and Edward Himmelfarb.

J. Kirk Boyd argued the cause for respondents. With him on the brief was David H. Williams.*

Kennedy, J., delivered the opinion of the Court, in which Rehnquist, C. J., and O'Connor, Scalia, and Thomas, JJ., joined, and in which Souter, J., joined as to Parts I and II. Ginsburg, J., filed an opinion concurring in the judgment, in which Stevens and Breyer, JJ., joined, p. 209. Souter, J., filed an opinion concurring in part and dissenting in part, p. 217.

Justice Kennedy, delivered the opinion of the Court.

In this case a citizen alleged excessive force was used to arrest him. The arresting officer asserted the defense of qualified immunity. The matter we address is whether the requisite analysis to determine qualified immunity is so intertwined with the question whether the officer used excessive force in making the arrest that qualified immunity and constitutional violation...

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