Salvador Reza v. Russell Pearce

I - dissent from Part I of the majority opinion, which incorrectly holds that Senator Pearce “violated Reza’s clearly established First Amendment rights.” Opinion p. 505. The Supreme Court has repeatedly cautioned courts — and our circuit in particular — “not [to] define clearly established law at a high level of generality.” Ashcroft v. al-Kidd, 563 U.S. 731, 131 S.Ct. 2074, 2084, 179 L.Ed.2d 1149 (2011); see also City & Cnty. of San Francisco v. Sheehan, — U.S. -, 135 S.Ct. 1765, 1778, 191 L.Ed.2d 856 (2015) (reversing our circuit’s decision on the basis that the officers were entitled to…