Search for: "Ashcroft v. al-Kidd"
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17 Mar 2022, 4:18 am
” Ashcroft v. al-Kidd, 563 U.S. 731, 735 (2011). [read post]
2 Aug 2021, 6:00 am
" Ashcroft v. al-Kidd, 563 U.S. 731, 743 (2011). [read post]
12 Dec 2019, 12:04 pm
To obtain an order from the FISC authorizing surveillance, the government needs to show probable cause that the target is an agent of a foreign power, which could include a state such as Russia or a nonstate actor such as ISIS or al-Qaeda. [read post]
7 Nov 2019, 7:30 am
See, e.g., Ashcroft v. al-Kidd, 563 U.S. 731 (2011). [read post]
8 Feb 2019, 1:48 pm
” Nearly six decades later the Supreme Court in Ashcroft v. al-Kidd (a post-9/11 case) held that “an objectively reasonable arrest and detention of a material witness pursuant to a validly obtained warrant cannot be challenged as unconstitutional on the basis of allegations that the arresting authority had an improper motive. [read post]
10 Dec 2018, 4:00 am
Schult, 717 F.3d 119, 125–26 (2d Cir. 2013) (quoting Ashcroft v. [read post]
10 Dec 2018, 4:00 am
Schult, 717 F.3d 119, 125–26 (2d Cir. 2013) (quoting Ashcroft v. [read post]
22 Jun 2018, 6:45 am
The Supreme Court cautioned against defining such right in general terms in Ashcroft v. al-Kidd. [read post]
22 Jan 2018, 3:51 pm
" Ashcroft v. al-Kidd, 563 U. [read post]
19 Jun 2017, 2:08 pm
Barkes, 575 U.S. ___, ___ (2015) (slip op., at 4) (a Government official is liable under the 1871 Act only if “ ‘existing precedent . . . placed the statutory or constitutional question beyond debate’ ” (quoting Ashcroft v. al-Kidd, 563 U.S. 731, 741 (2011))). [read post]
23 May 2017, 4:32 am
James E. [read post]
16 May 2017, 1:14 pm
Jim reads Ashcroft v. [read post]
24 Apr 2017, 11:44 am
Instead, Africk concludes that qualified immunity applies either way because the law is unsettled: [T]he law is simply too unsettled after Jones for the Court to conclude that it is “beyond debate,” Ashcroft v. al-Kidd, 563 U.S. 731, 741 (2011), that the officers performed a Fourth Amendment search. [read post]
30 Nov 2016, 5:31 am
This made the Ninth Circuit Court of Appeals cry: Voss and Legarra are entitled to qualified immunity unless von Brincken shows “(1) that the official violated a statutory or constitutional right, and (2) that the right was ‘clearly established’ at the time of the challenged conduct,” Ashcroft v. al-Kidd, 563 U.S. 731, 735 (2011), which he has not done. [read post]
1 Apr 2016, 1:37 pm
U.S. v. [read post]
17 Feb 2016, 2:28 pm
In my view, at least, Justice Scalia's public statements on national security issues and his one majority(-ish) opinion in a "canonical" national security case (in Ashcroft v. al-Kidd) could lead folks reasonably to question just how faithful Justice Scalia was to his first principles where national security was involved. [read post]
16 Oct 2015, 4:10 am
I also explore some parallels between Donovan’s time and ours, including the public pummeling Donovan took for his pro bono defense of Abel (not unlike crude attacks on the Guantánamo defense bar) and the pretextual use of legal authority (the unresolved issue behind Ashcroft v. al-Kidd). [read post]
14 May 2015, 3:31 pm
’” See also Ashcroft v. al-Kidd, 131 S.Ct. 2074, 2084 (2011) (requiring, in the absence of controlling authority, “a robust ‘consensus of cases of persuasive authority’”). [read post]
19 Jun 2014, 12:11 pm
The Court quotes its decision in Ashcroft v. al-Kidd, noting that the doctrine of qualified immunity “gives government officials breathing room to make reasonable but mistaken judgments about open legal questions,” and that to defeat qualified immunity the legal issue needed to be “beyond debate” when Franks terminated Lane. [read post]
6 Nov 2013, 6:08 am
Al-Kidd (2011) makes clear. [read post]
