11th Circuit trying to kill substantive due process

Check out the en banc decision last week in Sosa v. Martin County, Florida, which held that there is no recourse for falsely arresting someone and illegally holding him for 3 days. The judges on this issue, unlike the last en banc, fall into party lines.  Chief Judge Pryor’s majority opinion is short and to the point and says the law is straightforward.  

Judge Newsom concurs and goes after substantive due process, saying it makes no sense and it’s time to end it.  Chief Judge Pryor and Judge Lagoa join.

Judge Jordan “reluctantly” concurred.  He is joined by Judges Wilson and Pryor.  He says it’s time for SCOTUS to take a qualified immunity case.

And Judge Rosenbaum wrote a 60 page dissent saying that there has to be a remedy for someone like Sosa who was illegally arrested and detained.  Of course she’s right — that’s why we have the law.  I hope the Supreme Court take this case.