Camreta v. Greene

Camreta v. Greene, 563 U.S. 692 (2011), was a case in which the Supreme Court of the United States held that in the general case the Court may review a lower court's constitutional ruling at the behest of government officials who have won final judgment on qualified immunity grounds but could not for this case due to details specific to it.[1]

Camreta v. Greene
Argued March 1, 2011
Decided May 26, 2011
Full case nameBob Camreta v. Sarah Greene, personally and as next friend of S.G., a minor, and K.G., a minor; James Alford, Deputy Sheriff, Deschutes County, Oregon v. Sarah Greene, personally and as next friend of S.G., a minor
Docket no.09-1454
Citations563 U.S. 692 (more)
131 S. Ct. 2020; 179 L. Ed. 2d 1118; 2011 U.S. LEXIS 4016
ArgumentOral argument
Opinion announcementOpinion announcement
Case history
PriorGreene v. Camreta, No. 6:05-cv-06047 (D. Or. Mar. 23, 2006), affirmed in part, reversed in part, 588 F.3d 1011 (9th Cir. 2009); cert. granted, 562 U.S. 960 (2010).
SubsequentOn remand, 661 F.3d 1201 (9th Cir. 2011).
Holding
In the general case the Court may review a lower court’s constitutional ruling at the behest of government officials who have won final judgment on qualified immunity grounds but could not for this case due to details specific to it.
Court membership
Chief Justice
John Roberts
Associate Justices
Antonin Scalia · Anthony Kennedy
Clarence Thomas · Ruth Bader Ginsburg
Stephen Breyer · Samuel Alito
Sonia Sotomayor · Elena Kagan
Case opinions
MajorityKagan, joined by Roberts, Scalia, Ginsburg, Alito
ConcurrenceScalia
ConcurrenceSotomayor, joined by Breyer
DissentKennedy, joined by Thomas

See also

References

  1. Camreta v. Greene, 563 U.S. 692, 697 (2011) ("This Court generally may review a lower court’s constitutional ruling at the behest of a government official granted immunity. But we may not do so in this case for reasons peculiar to it.")

Further reading

  • Kerr, Orin S. (2011). "Fourth Amendment Remedies and Development of the Law: A Comment on Camreta v. Greene and Davis v. United States". GWU Law School Public Law Research Paper No. 581. SSRN 1918991.
  • Kirkpatrick, Michael T.; Matz, Joshua (2011). "Avoiding Permanent Limbo: Qualified Immunity and the Elaboration of Constitutional Rights from Saucier to Camreta (and Beyond)". Fordham Law Review. 80 (2): 643.
  • Kinports, Kit (2012). "Camreta and Al-Kidd: The Supreme Court, the Fourth Amendment, and Witnesses". Journal of Criminal Law and Criminology. Forthcoming. SSRN 1959713.


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