Pearson v. Callahan, 555 U.S. 223 (2009), was a case decided by the United States Supreme Court dealing with the doctrine of qualified immunity.
[1] The case centered on the application of mandatory sequencing in determining qualified immunity as set by the 2001 decision, Saucier v. Katz, in which courts were to first ask whether a constitutional right was clearly violated by a government official at the time of the action before evaluating if a law had clearly been broken.
While this discretionary approach can free resources of the court, it has led to additional criticism, as it can often favor defendants, particularly in cases involving excessive force and police brutality.
The officers had arranged for the informant, who was "wired" with a listening device, to give them a sign indicating a successful drug deal; when he did, they entered the home.
[6] The case focuses on "consent once removed," a theory espoused by some lower courts that acts as an exception to the search warrant requirement of the Fourth Amendment.
[6] Callahan then filed a civil lawsuit against five members of the Central Utah Narcotics Task Force who had conducted the search, claiming they violated his Fourth Amendment rights.
The officers claimed that they could not be sued due to qualified immunity, a doctrine that states government officials cannot be held liable for violating a facet of the Constitution that is unclear.
"[1] This case allowed judges to skip the question of whether or not a police officer used excessive force and to focus solely on whether or not the conduct violated clearly established law, which appeal courts have frequently done.