Elder v. Holloway

Summary

Justice Ginsburg, writing for a unanimous Court, held that appellate review of qualified immunity must consider all relevant precedents, including authorities not presented to or considered by the district court. Whether a federal right was clearly established is a question of law reviewed de novo, not a matter of factual proof subject to forfeiture through inadequate legal research or briefing. The Court reversed the Ninth Circuit and remanded without deciding whether the officers were entitled to qualified immunity or whether exigent circumstances justified the arrest. There were no separate opinions.