Awful Qualified Immunity Cases
Advisory Opinions
00:00
Circuit Court Judges Are Bind by Circuit Precedent
David Bianculli: Who gets to establish clearly established rights in a qualified immunity case? He says the Fifth Circuit, but other circuits have said that it's up to them. But Judge Oldham is staking out a new question here, and he won't assert it unless Supreme Court requires it,. BiancullI: It might be theoretically persuasive,but then you need the Supreme Court to take any qualified immunity cases whatsoever. Otherwise there are no clearly established rights.
Transcript
Play full episode
