Zadeh v. Robinson

And in en banc news, the Fifth Circuit will not reconsider its decision extending qualified immunity to Texas officials who searched a doctor’s records without first giving him a chance to challenge their subpoena. The search violated the Fourth Amendment, but the officials couldn’t have known that because there was no precedent on point saying so. Judge Willett takes the opportunity to edit his separate opinion; what had been a concurring dubitante is now a partial dissent that directly—and sharply—calls for a reevaluation of the qualified immunity doctrine.

Tags: 2019, En Banc, Fifth Circuit, Fourth Amendment, Judge Willett, Qualified Immunity, Searches and Seizures

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