Stevens, J., dissenting HANLON v. BERGER ____ U. S. ____ (1999) SUPREME COURT OF THE UNITED STATES No. 97–1927

RODNEY C. HANLON, JOEL SCRAFFORD, KRIS A. McLEAN, RICHARD C. BRANZELL, and ROBERT PRIEKSAT, PETITIONERS v. PAUL W. BERGER et ux.

on writ of certiorari to the united states court of appeals for the ninth circuit

[May 24, 1999]

Justice Stevens, concurring in part and dissenting in part.

As I explain in my dissent in Wilson v. Layne, ante at ___, I am convinced that the constitutional rule recognized in that case had been clearly established long before 1992. I therefore respectfully dissent from the Court’s disposition of this case on qualified immunity grounds.