BUNTING v. MELLEN

No. 03-863.

541 U.S. 1019 (2004)

BUNTING ET AL. v. MELLEN ET AL.

Supreme Court of United States.

April 26, 2004.


Certiorari denied.

Opinion of JUSTICE STEVENS, with whom JUSTICE GINSBURG and JUSTICE BREYER join, respecting the denial of certiorari.

The "perceived procedural tangle" described by JUSTICE SCALIA's dissent, post, at 1022, is a byproduct of an unwise judgemade rule under which courts must decide whether the plaintiff has alleged a constitutional violation before addressing the question whether the defendant state actor is entitled to qualified immunity...

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