Oral argument: Dec. 5, 2011
Appealed from: United States Court of Appeals for the 9th Circuit (Dec. 30, 2010)
Petitioner, detective Curt Messerschmidt, obtained and executed a warrant to search Respondent Augusta Millender’s residence. Millender sued Messerschmidt and other law enforcement officers under 42 U.S.C. § 1983 alleging that Messerschmidt and other officers violated her Fourth and Fourteenth Amendment rights by executing an invalid search warrant and unreasonably searching her home. The court determined that the warrant was unconstitutionally overbroad. Messerschmidt contends that he is nonetheless entitled to qualified immunity from civil liability because he relied on a warrant and acted in good faith. Millender, on the other hand, maintains that the officers’ reliance on the warrant was unreasonable, and therefore, they are not entitled to qualified immunity. The decision will determine the scope of qualified immunity for officers who have, in good faith, relied on warrants later determined to be invalid.
