Labels:book | daily | reckoner | sky | tree OCR: of whether : constitutional right is clearly established should be limited t the authorities cited in the record. LA 43 {amended opinion) and JA 27-29 (initial opinion) Petitioner's request for rehearing was denied and his suggestion for rehearing 71 bane was rejected over the dissent of five judges. The disserting opinions, written by Judges Kozinski and Reinhardt, criticized the panel creating "totally new legal doctrine" that mandates that even on pure question of law court of appeals must ignore its own (and the Supreme Court [*s] controlling case law 1f was not cited to the court The dissenting judges argued that treating the legal issue qualified immunity as "legal fact' which IS dependent upon the authorities cited 11 the district court record 15 contrary T longstanding principles r ...
(.png)
