6th Cir. grants #QualifiedImmunity to police who arrested a man for running a parody Facebook page making fun of them. Court declined to decide whether the #FirstAmendment covered the page (ed. it does), merely concluding it was not "clearly established."opn.ca6.uscourts.gov/opinions.pdf/2…
The Court also ends on a quote from @bariweiss. (See above.)
CODA: In Parma, Ohio, police only clear (meaning arrest someone for) 44% of *violent* crimes. Yet, they used a detective and multiple officers to hunt down and figure out how to arrest someone who hurt their feelings.
If you want to help @IJ fight #QualifiedImmunity and other doctrines that shield government workers from constitutional accountability, join us in the fight at Americans Against Qualified Immunity. AAQI.org
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🧵Interesting morning. At 10 a.m., #SCOTUS decided Brownback v. King, the @IJ case I argued Nov. 9. The Court gave the gov't a *formal win* by reversing the 6th Cir. on a jurisdictional issue, but a *substantive loss* by declining to end the case. 1/ ij.org/press-release/…
As we argued, the most important issue in this case is whether the FTCA's judgment bar can be applied to different claims brought in the same lawsuit. We say no, the gov't says yes. The Supreme Court held that the Sixth Circuit will have to decide that issue first. 2/
In a powerful concurrence, Justice Sotomayor then highlighted the arguments we made for why--as a matter of centuries of common law and statutory interpretation--a dismissal against one claim cannot preclude another claim in the same lawsuit. 3/