Donald Saucier v. Elliot M. Katz and in Defense of Animals
Is it still good law? What later courts have actually done to this case.
Status
More on how this was screened
Egolf v. Witmer had already recognized a narrow exception when the constitutional question depended on unsettled state law. The remaining reviewed opinions applied Saucier's surviving qualified-immunity rules, reported Pearson's act in history parentheticals, or placed nearby adverse language on another authority or procedural ruling.
1,188 citations to Donald Saucier v. Elliot M. Katz and in Defense of Animals sat close to treatment language and were flagged for reading; 1,170 of them have been read, and the text of 17 citing opinions could not be retrieved, so those remain unread. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.
Relying on Donald Saucier v. Elliot M. Katz and in Defense of Animals?
This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.
Treatments
Overruled in Part
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The Supreme Court overruled Saucier's requirement that courts always decide the constitutional-violation prong before the clearly-established prong, while preserving the two-prong test and recognizing that Saucier's sequence is often appropriate.
Pearson v. Callahan · Supreme Court of the United States · filed
On reconsidering the procedure required in Saucier, we conclude that, while the sequence set forth there is often appropriate, it should no longer be regarded as mandatory. The judges of the district courts and the courts of appeals should be permitted to exercise their sound discretion in deciding which of the two prongs of the qualified immunity analysis should be addressed first in light of the circumstances in the particular case at hand.
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Limited
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The Third Circuit created an exception to Saucier's mandatory constitutional-question-first sequence when the constitutional issue depends on unsettled state law.
Egolf v. Witmer · Third Circuit · filed
We find such cases to be exceptions to the constitutional analysis requirement of Saucier, because the purpose of Saucier would be undermined. In concluding that we will not analyze the First or Fourth Amendment issues in this case, we find a decision of the Court of Appeals for the Second Circuit to be persuasive in reasoning that the underlying principle of law elaboration is not meaningfully advanced in situations, such as this, when the definition of constitutional rights depends on a federal court’s uncertain assumptions about state law.
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