![]() Zadeh’s medical records immediately did not provide an opportunity for precompliance review. Relying on Supreme Court precedent, we held that it was clear at the time that “prior to compliance, Cotropia was entitled to an opportunity to obtain review of the administrative subpoena before a neutral decision maker.” Id. ![]() The Appeals Court agrees with the plaintiff rights were violated. The ruling deals with an unconstitutional search of medical records performed by the DEA. Greenfield’s post discusses a recent decision by the Fifth Circuit Court of Appeals. The presumption is that if a court hasn’t told you that putting a gun in a person’s mouth and threatening to blow his head off unless he admits guilt, how could a cop possibly know this is unconstitutional? This summation of the QI standard from Scott Greenfield may seem outlandish, but it’s actually not that far from the truth. Previous court decisions on point must exist, and the court must have previously established as a Constitutional violation for the plaintiff’s lawsuit to advance. It’s not enough to provide evidence of violated rights. ![]() Qualified immunity raises an almost-insurmountable bar for plaintiffs to hurdle when alleging Constitutional violations. Conjured out of thin air by the Supreme Court, qualified immunity cannot be found among the thousands of laws and statutes our legislature has created over the past couple of centuries. We’ve long cast a skeptical eye on the judicial theory of qualified immunity. ![]()
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