Fadwa Safar v. Lisa Tingle

I agree with the majority’s ultimate resolution of this ease on qualified immunity grounds. However, because this case raises concerns for me regarding this Court’s Fourth Amendment case law, and because I question the manner in which the majority disposes of the state law claims, I find it necessary to write separately.

I

The majority rightly concludes that there is no clearly established law which Officer Stephanie Rodriguez could be said to have violated. Thus, she is entitled to qualified immunity under our familiar two-step sequence where we determine (1) whether there has been a violation…