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John Roberts on CrimeSupreme Court Justice (nominated by Pres. George W. Bush 2005) |
Thaddeus Fletcher sued the DC Department of Corrections, claiming the Parole Commission violated the Ex Post Facto Clause of the Constitution by determining his parole eligibility date on the basis of parole guidelines promulgated after his incarceration date. The district court dismissed Fletcher's claim. We held Fletcher's claim failed because a parole guideline is not a law. Fletcher now calls our attention to Garner v. Jones, in which the Supreme Court considered a challenge to a non-binding parole regulation under the Ex Post Facto Clause. The Supreme Court reversed the Eleventh Circuit's decision that a parole board rule changing the time for reconsideration of parole from three to eight years necessarily violated the Ex Post Facto Clause. The Supreme Court foreclosed our categorical distinction between a law and guidelines ; rather, the question is one of practical effect. Accordingly, we vacate our previous judgment.
Plaintiffs seek to hold four police supervisors personally liable for constitutional torts allegedly committed by their two subordinates, on the theory that the supervisors failed properly to train and supervise the subordinates. The four supervisors claim qualified immunity, which the district court denied. We hold that the district court erred, and accordingly reverse.
Plaintiffs are members of the IAC, a political association opposed to oppression, militarism, and the Bush Administration. During the 2001 Inaugural Parade, they claim to have been engaged in only lawful activity, and were struck, and sprayed with pepper spray, while uniformed police officers stood by and watched. Plaintiffs seek to hold two officers' supervisors personally liable for money damages.
We reject plaintiffs' theory of liability for general inaction, mindful of the degree of fault necessary to implicate supervisory liability.
