Richard Greenberg v. Thomas Kmetko and Bruce Weflen

I agree generally with the law as analyzed in the majority opinion and I write separately principally to comment on the unusual facts and the unusual procedural history, which make this seem such a difficult and close case. The specific facts are of importance here because the case was remanded by the en banc court for an examination of those facts under Anderson v. Creighton, 483 U.S. 635, 107 S.Ct. 3034, 97 L.Ed.2d 523 (1987). See Greenberg v. Kmetko & Weflen, 840 F.2d 467, 473 (7th Cir.1988) (en banc). The facts are also important because the law of qualified immunity, as it has developed…