Mullenix v. Luna - Post-Decision SCOTUScast

from SCOTUScast · host The Federalist Society

On November 9, 2015, the Supreme Court decided Mullenix v. Lunawithout oral argument. The question in this case was whether a police officer who shot at the car of a fleeing and purportedly armed suspect, killing him in the process, was entitled to qualified immunity from suit. The Fifth Circuit had affirmed the lower court’s denial of qualified immunity to the officer.By a vote of 8-1 the Supreme Court reversed that determination, holding that the officer was entitled to qualified immunity because existing Supreme Court precedent did not place the conclusion that the officer acted unreasonably “beyond debate.”The opinion of the Court was issued per curiam. Justice Scalia filed a concurring opinion. Justice Sotomayor filed a dissenting opinion.To discuss the case, we have Joshua A. Skinner, who is an Attorney at Fanning Harper Martinson Brandt & Kutchin, P.C., in Dallas, Texas.

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On November 9, 2015, the Supreme Court decided Mullenix v. Luna without oral argument. The question in this case was whether a police officer who shot at the car of a fleeing and purportedly armed suspect, killing him in the process, was entitled to qualified immunity from suit. The Fifth Circuit had affirmed the lower court’s denial of qualified immunity to the officer. -- By a vote of 8-1 the Supreme Court reversed that determination, holding that the officer was entitled to qualified immunity because existing Supreme Court precedent did not place the conclusion that the officer acted unreasonably “beyond debate.” -- The opinion of the Court was issued per curiam. Justice Scalia filed a concurring opinion. Justice Sotomayor filed a dissenting opinion. -- To discuss the case, we have Joshua A. Skinner, who is an Attorney at Fanning Harper Martinson Brandt & Kutchin, P.C., in Dallas, Texas.

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Mullenix v. Luna - Post-Decision SCOTUScast

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Federalist Society SCOTUScast The Federalist Society SCOTUScast is a project of the Federalist Society for Law & Public Policy Studies. The Society a not for profit educational organization of conservative and libertarian law students, law professors, and lawyers, founded upon the principles that the state exists to preserve freedom, that the separation of governmental powers is central to our Constitution, and that it is emphatically the province and duty of the judiciary to say what the law is, not what it should be. This audio broadcast series provides expert commentary on U.S. Supreme Court cases as they are argued and issued. To supplement our scholars' analysis, we provide brief descriptions of the issues in the cases. The Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker. We hope these broadcasts, like all of our programming, will serve to stimulate discussion and further exchange regarding important current legal issues. View our entire SCOTUScas

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This episode was published on November 17, 2015.

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