Donald Saucier v. Elliot M. Katz and in Defense of Animals — Ginsburg, J., concurring

Summary

Justice Ginsburg concurs in the judgment, agreeing summary judgment was properly granted because Katz failed to prove Saucier personally used excessive force. She argues the Court’s two-step qualified immunity test is duplicative and that the Graham reasonableness standard is sufficient. Justice Souter concurred in part and dissented in part, would remand for application of the qualified immunity standard.