Souter, J., dissenting

SUPREME COURT OF THE UNITED STATES

No. 99—1977

DONALD SAUCIER, PETITIONER v. ELLIOT M. KATZ
and IN DEFENSE OF ANIMALS

ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF
APPEALS FOR THE NINTH CIRCUIT

[June 18, 2001]

Justice Souter, concurring in part and dissenting in part.

I join Parts I and II of the Court’s opinion, but would remand the case for application of the qualified immunity standard.