lanier
argued
january
decided
march
held
sixth
circuit
employed
wrong
standard
determining
whether
particular
conduct
falls
within
range
criminal
liability
section
general
language
prohibiting
deprivation
rights
secured
constitution
describe
specific
conduct
forbids
like
companion
conspiracy
statute
incorporates
constitutional
law
reference
criminal
liability
may
imposed
violation
penal
law
due
process
requires
fair
warning
law
intends
mcboyle
touchstone
whether
statute
either
standing
alone
construed
thecourts
made
reasonably
clear
time
charged
conduct
conduct
criminal
section
construed
light
due
process
requirement
screws
supra
sixth
circuit
erred
adding
gloss
standard
requirement
prior
decision
declared
constitutional
right
issue
factual
situation
fundamentally
similar
one
bar
screws
plurality
referred
general
terms
rights
made
specific
decisions
interpreting
constitution
see
subsequent
case
confined
universe
relevant
decisions
opinions
specifically
referred
appeals
decisions
defining
established
scope
constitutional
right
see
anderson
enquiring
whether
right
clearly
established
applying
qualified
immunity
rule
bivens
six
unknown
fed
narcotics
agents
see
mitchell
forsyth
demanded
precedents
applying
right
issue
fundamentally
similar
factual
situation
level
specificity
meant
sixth
circuit
rather
upheld
convictions
despite
notable
factual
distinctions
prior
cases
later
case
long
prior
decisions
gave
reasonable
warning
conduct
issue
violated
constitutional
rights
see
guest
sixth
circuit
view
due
process
demands
clearly
established
qualified
immunity
test
bivens
error
effect
test
simply
adaptation
fair
warning
standard
give
officials
ultimately
governments
protection
civil
liability
consequences
individuals
traditionally
possessed
face
vague
criminal
statutes
official
conduct
bivens
liability
may
imposed
light
pre
existing
law
unlawfulness
defendant
conduct
apparent
pp
vacated
remanded
souter
delivered
opinion
unanimous
notice
opinion
subject
formal
revision
publication
preliminary
print
reports
readers
requested
notify
reporter
decisions
wash
ington
typographical
formal
errors
order
corrections
may
made
preliminary
print
goes
press
petitioner
david
lanier
writ
certiorari
appeals
sixth
circuit
march
justice
souter
delivered
opinion
respondent
david
lanier
convicted
criminally
violating
constitutional
rights
five
women
assaulting
sexually
lanier
served
state
judge
sixth
circuit
reversed
convictions
ground
constitutional
right
issue
previously
identified
case
fundamentally
similar
facts
question
whether
standard
notice
higher
constitution
requires
hold
david
lanier
formerly
sole
state
chancery
judge
two
rural
counties
western
tennessee
trial
record
read
favorably
jury
verdict
shows
lanier
office
sexually
assaulted
several
women
judicial
chambers
two
serious
assaults
woman
whose
divorce
proceedings
come
lanier
whose
daughter
custody
remained
subject
jurisdiction
woman
applied
secretarial
job
lanier
courthouse
lanier
interviewed
suggested
might
reexamine
daughter
custody
woman
got
leave
lanier
grabbed
sexually
assaulted
andfinally
committed
oral
rape
weeks
later
lanier
inveigled
woman
returning
courthouse
get
information
another
job
opportunity
sexually
assaulted
orally
raped
app
five
occasions
lanier
sexually
assaulted
four
women
two
secretaries
youth
services
officer
juvenile
lanier
presided
local
coordinator
federal
program
lanier
chambers
discuss
matter
affecting
ultimately
lanier
charged
violations
count
indictment
alleging
acting
willfully
color
tennessee
law
deprived
victim
rights
privileges
secured
protected
constitution
laws
namely
right
deprived
liberty
without
due
process
law
including
right
free
wilful
sexual
assault
trial
lanier
moved
dismiss
indictment
ground
void
vagueness
district
denied
motion
trial
judge
instructed
jury
government
burden
prove
element
offense
defendant
deprived
victim
rights
secured
protected
constitution
laws
included
liberty
protected
due
process
clause
fourteenth
amendment
concept
personal
bodily
integrity
right
free
unauthorized
unlawful
physical
abuse
state
intrusion
thus
protected
right
liberty
provides
person
shall
subject
physical
bodily
abuse
without
lawful
justification
state
official
acting
claiming
act
color
laws
state
official
conduct
demeaning
harmful
circumstances
shockone
consci
ence
freedom
physical
abuse
includes
right
free
certain
sexually
motivated
physical
assaults
coerced
sexual
battery
however
every
unjustified
touching
grabbing
state
official
constitutes
violation
person
constitutional
rights
physical
abuse
must
serious
substantial
nature
involves
physical
force
mental
coercion
bodily
injury
emotional
damage
shocking
one
consci
ence
panel
appeals
sixth
circuit
affirmed
convictions
sentence
full
vacated
decision
granted
rehearing
en
banc
rehearing
set
aside
lanier
convictions
lack
notice
public
ambiguous
criminal
statute
includes
simple
sexual
assault
crimes
within
coverage
invoking
general
canons
interpreting
criminal
statutes
well
plurality
opinion
screws
sixth
circuit
held
criminal
liability
may
imposed
constitutional
right
said
violated
first
identified
decision
federal
state
right
held
apply
factual
situation
fundamentally
similar
one
bar
appeals
regarded
thesecombined
requirements
substantially
higher
clearly
established
standard
used
judge
qualified
immunity
civil
cases
rev
stat
finding
decision
applying
right
free
unjustified
assault
invasions
bodily
integrity
situation
fundamentally
similar
charged
sixth
circuit
reversed
judgment
conviction
instructions
dismiss
indictment
two
judges
dismissed
felony
counts
charging
oral
rapes
concurred
dismissing
misdemeanor
counts
three
members
dissented
dismissals
granted
certiorari
review
standard
determining
whether
particular
conduct
falls
within
range
criminal
liability
reverse
section
reconstruction
era
civil
rights
statute
making
criminal
act
willfully
color
law
deprive
person
rights
protected
constitution
laws
screws
supra
en
banc
decision
sixth
circuit
dealt
last
elements
element
alone
concerned
general
language
referring
deprivation
rights
privileges
immunities
secured
protected
constitution
laws
matched
breadth
companion
conspiracy
statute
speaks
conspiracies
prevent
free
exercise
enjoyment
right
privilege
secured
person
constitution
laws
thus
lieu
describing
specific
conduct
forbids
statute
general
terms
incorporate
constitutional
law
reference
see
kozminski
price
many
incorporated
constitutional
guarantees
course
stated
catholicity
phrasing
result
neither
statutes
good
many
constitutional
referents
delineate
range
forbidden
conduct
particularity
right
due
process
enforced
said
violated
lanier
presents
case
point
irony
prosecution
enforce
one
application
spacious
protection
liberty
threaten
accused
deprivation
another
justice
holmes
spoke
fair
warning
language
common
world
understand
law
intends
certain
line
passed
make
warning
fair
far
possible
line
clear
mcboyle
principle
man
shall
held
criminally
responsible
conduct
reasonably
understand
proscribed
bouie
city
columbia
quoting
harriss
three
related
manifestations
fair
warning
requirement
first
vagueness
doctrine
bars
enforcement
statute
either
forbids
orrequires
act
terms
vague
men
common
intelligence
must
necessarily
guess
meaning
differ
application
connally
general
constr
accord
kolender
lawson
lanzetta
new
jersey
second
sort
junior
version
vagueness
doctrine
packer
limits
criminal
sanction
canon
strict
construction
criminal
statutes
rule
lenity
ensures
fair
warning
resolving
ambiguity
criminal
statute
apply
conduct
clearly
covered
see
liparota
bass
mcboyle
supra
third
although
clarity
requisite
level
may
supplied
judicial
gloss
otherwise
uncertain
statute
see
bouie
supra
kolender
supra
lanzetta
supra
jeffries
legality
vagueness
construction
penal
statutes
rev
due
process
bars
courts
applying
novel
construction
criminal
statute
conduct
neither
statute
prior
judicial
decision
fairly
disclosed
within
scope
see
marks
rabe
washington
bouie
supra
cf
const
art
cl
cl
bouie
supra
ex
post
facto
clauses
bar
legislatures
making
substantive
criminal
offenses
retroactive
guises
touchstone
whether
statute
either
standing
alone
construed
made
reasonably
clear
relevant
time
defendant
conduct
criminal
applied
standard
screws
recognized
expansive
language
due
process
provides
basis
judicial
review
incorporated
reference
generally
ill
suited
far
different
task
giving
fair
warning
scope
criminal
liability
screws
plurality
identified
affront
warning
requirement
posed
employing
place
accused
trial
offense
nature
statute
define
hence
gives
warning
time
justices
recognized
constitutional
difficulty
arise
accused
charged
violating
right
made
specific
either
express
terms
constitution
laws
decisions
interpreting
broad
constitutional
requirements
made
specific
text
settled
interpretations
willful
violators
certainly
position
say
adequate
advance
notice
visited
punishment
hey
punished
violating
unknowable
something
accordingly
screws
limited
statute
coverage
rights
fairly
warned
made
specific
time
charged
conduct
see
also
kozminski
supra
parallel
construction
sixth
circuit
case
added
two
glosses
made
specific
standard
fair
warning
view
generally
phrased
constitutional
right
made
specific
within
meaning
screws
prior
decision
declared
right
applied
ruling
case
facts
fundamentally
similar
case
prosecuted
none
considerations
advanced
case
however
persuades
us
either
decision
extreme
level
factual
specificity
envisioned
appeals
necessary
every
instance
give
fair
warning
first
contrary
appeals
see
think
unsound
read
screws
reasoning
decisions
provide
required
warning
although
screws
plurality
gave
two
examples
involving
decisions
opinion
referred
general
terms
rights
made
specific
decisions
interpreting
constitution
see
plurality
opinion
subsequent
case
held
universe
relevant
interpretive
decisions
confined
opinions
kozminski
case
violating
thirteenth
amendment
rights
characterize
task
ascertaining
crime
charged
looking
scope
thirteenth
amendment
prohibition
specified
prior
decisions
least
one
case
specifically
referred
decisionof
appeals
defining
established
scope
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right
purposes
liability
see
anderson
also
point
explain
applying
rule
qualified
immunity
bivens
six
unknown
fed
narcotics
agents
referred
decisions
courts
appeals
enquiring
whether
right
clearly
established
see
mitchell
forsyth
davis
scherer
see
also
brennan
concurring
part
dissenting
part
elder
holloway
treating
appeals
decision
relevant
authority
must
considered
part
qualified
immunity
enquiry
although
sixth
circuit
concerned
rightly
disparate
decisions
various
circuits
might
leave
law
insufficiently
certain
even
point
widely
considered
circumstance
may
taken
account
deciding
whether
warning
fair
enough
without
need
categorical
rule
decisions
courts
appeals
courts
inadequate
matter
law
provide
decisions
demanded
precedents
applied
right
issue
factual
situation
fundamentally
similar
level
specificity
meant
sixth
circuit
using
phrase
contrary
upheld
convictions
despite
notable
factual
distinctions
precedents
relied
cases
long
prior
decisions
gave
reasonable
warning
conduct
issue
violated
constitutional
rights
see
guest
prior
cases
established
right
interstate
travel
later
case
first
address
deprivation
right
private
persons
saylor
pre
screws
prior
cases
establishedright
legitimate
vote
counted
whereas
later
case
involved
dilution
legitimate
votes
casting
fraudulent
ballots
classic
pre
screws
prior
cases
established
right
vote
counted
general
election
whereas
later
case
involved
primary
election
see
also
screws
supra
stating
classic
met
test
announced
even
putting
examples
aside
think
sixth
circuit
fundamentally
similar
standard
lead
trial
judges
demand
degree
certainty
unnecessarily
high
likely
beget
much
wrangling
danger
flows
appeals
stated
view
due
process
demands
clearly
established
law
required
public
officer
held
civilly
liable
constitutional
violation
bivens
see
anderson
creighton
bivens
action
davis
scherer
supra
action
think
error
civil
sphere
explained
qualified
immunity
seeks
ensure
defendants
reasonably
anticipate
conduct
may
give
rise
liability
attaching
liability
contours
right
violated
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clear
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violates
right
anderson
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conceived
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specific
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fact
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criminal
law
role
significance
serve
objective
effect
qualified
immunity
test
simply
adaptation
fair
warning
standard
give
officials
ultimately
governments
protection
civil
liability
consequences
individuals
traditionallypossessed
face
vague
criminal
statutes
require
something
clearer
clearly
established
call
something
beyond
fair
warning
say
course
single
warning
standard
points
single
level
specificity
sufficient
every
instance
circumstances
earlier
case
expressly
leaves
open
whether
general
rule
applies
particular
type
conduct
issue
high
degree
prior
factual
particularity
may
necessary
see
mitchell
forsyth
supra
general
statements
law
inherently
incapable
giving
fair
clear
warning
instances
general
constitutional
rule
already
identified
decisional
law
may
apply
obvious
clarity
specific
conduct
question
even
though
action
question
previously
held
unlawful
anderson
supra
judge
daughtrey
noted
dissenting
opinion
case
easiest
cases
even
arise
never
section
case
accusing
welfare
officials
selling
foster
children
slavery
follow
case
arose
officials
immune
damages
criminal
liability
quoting
murphy
morgan
see
also
colten
kentucky
due
process
requirements
designed
convert
constitutional
dilemma
practical
difficulties
drawing
criminal
statutes
general
enough
take
account
variety
human
conduct
sufficiently
specific
provide
fair
warning
certain
kinds
conduct
prohibited
williams
holding
beating
obtain
confession
plainly
violates
sum
civil
liability
bivens
usefully
said
criminal
liability
may
imposed
deprivation
constitutional
right
light
pre
existing
law
unlawfulness
constitution
apparent
anderson
supra
constitutional
requirement
fair
warning
satisfied
appeals
used
wrong
gauge
deciding
whether
prior
judicial
decisions
gave
fair
warning
respondent
actions
violated
constitutional
rights
vacate
judgment
remand
application
proper
standard
ordered
footnotes
present
roots
portions
three
reconstruction
era
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rights
acts
whose
substantive
criminal
provisions
consolidated
single
section
see
cong
rec
describing
derivation
consolidated
criminal
civil
rights
law
civil
rights
act
stat
civil
rights
act
stat
civil
rights
act
stat
although
statutory
forebears
created
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sanctions
violations
enumerated
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consolidated
statute
expanded
law
scope
apply
deprivations
constitutional
rights
despite
customary
stout
assertions
codifiers
merely
clarified
reorganized
without
changing
substance
price
since
recodification
congress
revisited
several
occasions
without
contracting
substantive
scope
see
adding
willfulness
requirement
stat
enhancing
penalties
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stat
stat
thus
address
argument
pressed
respondent
actions
convicted
taken
color
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sixth
circuit
discussed
issue
original
panel
opinion
subsequently
vacated
reach
question
en
banc
decision
review
extent
issue
remains
open
leave
consideration
first
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appeals
remand
whoever
color
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statute
ordinance
regulation
custom
willfully
subjects
person
state
territory
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deprivation
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account
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alien
reason
color
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prescribed
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citizens
shall
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penalties
insofar
pertinent
two
persons
conspire
injure
oppress
threaten
intimidate
person
state
territory
district
free
exercise
enjoyment
right
privilege
secured
constitution
laws
exercised
shall
subject
specified
criminal
penalties
fair
warning
requirement
also
reflects
deference
due
legislature
possesses
power
define
crimes
punishment
see
wiltberger
wheat
aguilar
slip
see
generally
packer
limits
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sanction
discussing
principle
legality
conduct
may
treated
criminal
unless
defined
competent
authority
taken
place
implementing
separation
powers
providing
notice
preventing
abuses
official
discretion
quotation
jeffries
legality
vagueness
construction
penal
statutes
rev
process
making
specific
sixth
circuit
believed
qualify
screws
case
legal
history
majority
seems
willing
create
common
law
crime
federal
crimes
defined
congress
courts
kozminski
wiltberger
screws
create
common
law
crime
narrowly
construed
broadly
worded
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congress
policies
favoring
strict
construction
criminal
statutes
oblige
us
carry
congressional
intent
far
constitution
admit
see
kozminski
supra
huddleston
morris
pet
pedigree
act
congress
tainted
birth
hands
codifiers
arguably
made
substantive
changes
pre
existing
law
see
supra
sixth
circuit
concluded
statutory
history
legislative
intent
ofcongress
derived
language
structure
statute
possible
assertions
codifiers
directly
odds
clear
statutory
language
see
wells
slip
sixth
circuit
conclusion
congress
never
intended
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newly
created
constitutional
rights
belied
fact
congress
increased
penalties
section
violation
several
times
since
screws
decided
without
contracting
substantive
scope
see
supra
also
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consideration
issues
may
remain
open
appeals
remand
several
arguments
tendered
respondent
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plainly
without
merit
need
left
open
first
lanier
contention
screws
excluded
rights
protected
due
process
clause
fourteenth
amendment
ambit
contradicted
language
screws
well
later
cases
see
screws
price
enforcement
legislation
enacted
fourteenth
amendment
encompasses
violations
rights
guaranteed
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process
clause
second
although
deshaney
winnebago
county
dept
social
generally
limits
constitutional
duty
officials
protect
assault
private
parties
cases
victim
custody
deshaney
hold
respondent
maintains
constitutional
right
free
assault
committed
state
officials
outside
custodial
setting
third
contrary
respondent
claim
graham
connor
hold
constitutional
claims
relating
physically
abusive
government
conduct
must
arise
either
fourth
eighth
amendments
rather
graham
simply
requires
constitutional
claim
covered
specific
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provision
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eighth
amendment
claim
must
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standard
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