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Qualified immunity is the legal idea that non-lawyers I talk to are most incredulous about. The conversation goes a little like this:

Me: {Explains QI}

Them: "Oh, well, I don't know if they should go to jail, so."

Me: {Explains that no one is going to jail, it's $$$" 1/
Them: "Wait, so if the police make a mistake and kill you accidentally your family gets nothing?"

Me: "Right."

Them: 😐
Bonus: a lot of people think you get a lot of money if you're put in jail in error and later exonerated.
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More from @RMFifthCircuit see all

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Raffi Melkonian
@RMFifthCircuit
A very tough for me to read QI case this PM. A prisoner was made to sleep in a cell on a floor, naked. The floor was covered in urine and excrement.

The panel held that the prisoner could not overcome QI because of the time period involved (6 days)
1/
drive.google.com/file/d/1wloQO8…
This was not just some excrement, according to the complaint. It was "massive amounts of feces."

* I will get to it, but the panel revised one of his claims, so he does have a case. 2/
The panel observes that there might be circumstances where putting prisoners naked on the floor is ok.

* Again, speaking entirely for myself, I do not know what those are. /3
Read 13 tweets
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Raffi Melkonian
@RMFifthCircuit
CA5 today upheld a lower court decision invalidating Mississippi's new abortion law, but in my view the story is a ferocious Concurrence in Name Only (CINO?) from Judge Ho.

ca5.uscourts.gov/opinions/pub/1…
Judge Ho says that the district court disrespected pro-life people in how it handled the case. /2
This sort of section is quite unusual - circuit judges do not usually critique the views of the district judge at this sort of length except in quite unusual circumstances. Clearly, Judge Ho believes this is one of those, but I've not seen this sort of thing before very often /3
Read 9 tweets
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Raffi Melkonian
@RMFifthCircuit
OK, so I'm on the plane back to Houston, and I'm going to try to do my retrospective. Obviously, we don't know the result yet, but win or lose, I think my process more or less worked, so here we go. 1/ #AppellateTwitter.
First, get yourself a firm like this one. When the case was granted, @TWapplaw and @HollenbeckRuss came into my office and said, "buddy, you are arguing this case." There might have been a bad word or two in there too to emphasize that message. 2/
I think it's hard to express how key that support is. So I am ever grateful that I work for people who didn't bigfoot me out, but instead let me have this incredible experience. That's a debt that can't be repaid. /3
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