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United States Supreme Court


Pearson v. Callahan, 07-751

In a 42 U.S.C. section 1983 action against state law enforcement officers who conducted a warrantless search of plaintiff's house incident to his arrest for the sale of methamphetamine to an undercover informant (whom plaintiff had voluntarily admitted to the premises), a court of appeals ruling reversing a ruling that defendants were entitled to qualified immunity is reversed where: 1) the procedure the Supreme Court mandated in Saucier v. Katz, 533 U.S. 194 (2001), should not be regarded as an inflexible requirement; and 2) petitioners were entitled to qualified immunity on the ground that it was not clearly established at the time of the search that their conduct was unconstitutional.

Appellate Information

  • Decided 01/21/2009
  • Published 01/21/2009

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  • United States Supreme Court

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