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This article analyzes the significance of the United States Supreme Court decision in Messerschmidt v. Millender, 132 S.Ct. 1652 (2012), upon §1983 Fourth Amendment claims asserted against state and local law enforcement officers who apply for and enforce warrants. Millender held that police officers who sought and executed a very broad warrant authorizing them to search a residence for guns and gang related material were protected by qualified immunity. The author asserts that §1983 plaintiffs, who seek to recover damages based upon either the application or execution of an allegedly unconstitutional warrant, will now have to overcome various layers of immunity protection.


Reprinted with permission from: Municipal Lawyer Journal, Winter/Spring 2013, Vol. 27, No. 1, published by the New York State Bar Association, One Elk Street, Albany, NY 12207.

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27 Mun. Law. 40