OPINION OF THE COURT
CAMRETA V. GREENE
563 U. S. ____ (2011)
SUPREME COURT OF THE UNITED STATES
NOS. 09-1454 AND 09-1478
BOB CAMRETA, PETITIONER
09–1454
v.
SARAH GREENE, personally and as next friend of
S. G., a minor, and K. G., a minor
JAMES ALFORD, DEPUTY SHERIFF, DESCHUTES COUNTY,
OREGON, PETITIONER
09–1478 v.
SARAH GREENE, personally and as next friend of
S. G., a minor, and K. G., a minor
on writs of certiorari to the united states
court of appeals for the ninth circuit
[May 26, 2011]
Justice Kagan delivered
the opinion of the Court.
Almost a decade ago, a state
child protective services worker and a county deputy sheriff
interviewed a girl at her elementary school in Oregon about
allegations that her father had sexually abused her. The girl’s
mother subsequently sued the government officials on the child’s
behalf for damages under Rev. Stat. §1979, 42 U. S. C. §1983,
claiming that the interview infringed the Fourth Amendment. The
United States Court of Appeals for the Ninth Circuit agreed, ruling
that the officials had violated the Constitution by failing to
obtain a warrant to conduct the interview. But the Court of Appeals
further held that qualified immunity shielded the officials from
monetary liability because the constitutional right at issue was
not clearly established under existing law.
The two officials sought this Court’s review
of the Ninth Circuit’s ruling on the Fourth Amendment. We granted
their petitions to examine two questions. First, may gov-ernment
officials who prevail on grounds of qualified im-munity obtain our
review of a court of appeals’ decision that their conduct violated
the Constitution? And second, if we may consider cases in this
procedural posture, did the Ninth Circuit correctly determine that
this interview breached the Fourth Amendment?
We conclude that this Court generally may
review a lower court’s constitutional ruling at the behest of a
government official granted immunity. But we may not do so in this
case for reasons peculiar to it. The case has become moot because
the child has grown up and moved across the country, and so will
never again be subject to the Oregon in-school interviewing
practices whose constitutionality is at issue. We therefore do not
reach the Fourth Amendment question in this case. In line with our
normal practice when mootness frustrates a party’s right to appeal,
see
United States v.
Munsingwear, Inc.,
340 U. S. 36, 39 (1950),
we vacate the part of the Ninth Circuit’s opinion that decided the
Fourth Amendment issue.
I
In February 2003, police arrested
Nimrod Greene for suspected sexual abuse of a young boy unrelated
to him. During the investigation of that offense, the boy’s parents
told police that they suspected Greene of molesting his 9-year-old
daughter S. G. The police reported this information to the
Oregon Department of Human Services, which assigned petitioner Bob
Camreta, a child protective services caseworker, to assess
S. G.’s safety. Several days later, Camreta, accompanied by
petitioner James Alford, a Deschutes County deputy sheriff, went to
S. G.’s elementary school and interviewed her about the
allegations. Cam-reta and Alford did not have a warrant, nor had
they obtained parental consent to conduct the interview. Although
S. G. at first denied that her father had molested her, she
eventually stated that she had been abused. Greene was indicted and
stood trial for sexually abusing S. G., but the jury failed to
reach a verdict and the charges were later dismissed.
Respondent Sarah Greene, S. G.’s
mother, subsequently sued Camreta and Alford on S. G.’s
behalf [
Footnote 1] for
damages under 42 U. S. C. §1983, which authorizes suits
against state officials for violations of constitutional rights. S.
G. alleged that the officials’ in-school interview had breached the
Fourth Amendment’s proscription on unreasonable seizures.[
Footnote 2]
The District Court granted summary judgment to
Camreta and Alford, and the Ninth Circuit affirmed. The Court of
Appeals first ruled that the interview violated S. G.’s rights
because Camreta and Alford had “seize[d] and interrogate[d] S. G.
in the absence of a warrant, a court order, exigent circumstances,
or parental consent.” 588 F. 3d 1011, 1030 (2009) (footnote
omitted). But the court further held that the officials were
entitled to qualified immunity from damages liability because no
clearly established law had warned them of the illegality of their
conduct.
Id., at 1031–1033.
The Ninth Circuit explained why it had chosen
to rule on the merits of the constitutional claim, rather than
merely hold that the officials were immune from suit. By addressing
the legality of the interview, the court said, it could “provide
guidance to those charged with the difficult task of protecting
child welfare within the confines of the Fourth Amendment.”
Id., at 1022. That guidance came in no uncertain terms:
“[G]overnment officials investigating allegations of child abuse,”
the court warned, “should cease operating on the assumption that a
‘special need’ automatically justifies dispensing with traditional
Fourth Amendment protections in this context.”
Id., at
1033.
Although the judgment entered was in their
favor, Camreta and Alford petitioned this Court to review the Ninth
Circuit’s ruling that their conduct violated the Fourth Amendment.
S. G. declined to cross-petition for review of the decision that
the officials have immunity. We granted certiorari. 562 U. S. ___
(2010).
II
We first consider our ability to
act on a petition brought by government officials who have won
final judgment on grounds of qualified immunity, but who object to
an appellate court’s ruling that they violated the plaintiff’s
constitutional rights. Camreta and Alford are, without doubt,
prevailing parties. The Ninth Circuit’s decision shielded them from
monetary liability, and S. G. chose not to contest that ruling. So
whatever else follows, they will not have to pay S. G. the damages
she sought. The question we confront is whether we may nonetheless
review the Court of Appeals’ holding that the officials violated
the Constitution.
The statute governing this
Court’s jurisdiction authorizes us to adjudicate a case in this
posture, and S. G. does not contend otherwise. The relevant
provision confers unqualified power on this Court to grant
certiorari “upon the petition of
any party.” 28 U.
S. C. §1254(1) (emphasis added). That language covers
petitions brought by litigants who have prevailed, as well as those
who have lost, in the court below. See E. Gressman, K. Geller, S.
Shapiro, T. Bishop, & E. Hartnett, Supreme Court Practice 87
(9th ed. 2007) (hereinafter Stern & Gressman).
S. G., however, alleges two impediments to our
exercise of statutory authority here, one constitutional and the
other prudential. First, she claims that Article III bars review
because petitions submitted by immunized officials present no case
or controversy. See Brief for Respondent 31–39. Second, she argues
that our settled practice of declining to hear appeals by
prevailing parties should apply with full force when officials have
obtained immunity. See
id., at 24–27. We disagree on both
counts.
A
Article III of the Constitution
grants this Court authority to adjudicate legal disputes only in
the context of “Cases” or “Controversies.” To enforce this
limitation, we demand that litigants demonstrate a “personal stake”
in the suit.
Summers v.
Earth Island Institute,
555 U. S. 488,
___ (2009) (slip op., at 4) (internal quotation marks omitted); see
also
United States Parole Comm’n v.
Geraghty,
445 U. S. 388,
395–397 (1980). The party invoking the Court’s authority has such a
stake when three conditions are satisfied: The petitioner must show
that he has “suffered an injury in fact” that is caused by “the
conduct complained of” and that “will be redressed by a favorable
decision.”
Lujan v.
Defenders of Wildlife,
504 U. S. 555,
560–561 (1992) (internal quotation marks omitted). And the opposing
party also must have an ongoing interest in the dispute, so that
the case features “that concrete ad-verseness which sharpens the
presentation of issues.”
Los Angeles v.
Lyons,
461 U. S. 95, 101
(1983) (internal quotation marks omitted). To ensure a case remains
“fit for federal-court adjudication,” the parties must have the
necessary stake not only at the outset of litigation, but
throughout its course.
Arizonans for Official English v.
Arizona,
520 U. S. 43, 67 (1997).
We have previously recognized
that an appeal brought by a prevailing party may satisfy Article
III’s case-or-controversy requirement. See
Deposit Guaranty
Nat. Bank v.
Roper,
445 U. S. 326, 332–336
(1980). Indeed, we have twice before allowed a party for whom
judgment was entered to challenge an unfavorable lower court
ruling. See
ibid.; Electrical Fittings Corp. v.
Thomas & Betts Co.,
307 U. S. 241
(1939).[
Footnote 3] In that
context as in others, we stated, the critical question under
Article III is whether the litigant retains the necessary personal
stake in the appeal.
Deposit Guaranty, 445 U. S., at 334.
As we will explain, a court will usually invoke rules of “federal
appellate practice” to decline review of a prevailing party’s
challenge even when he has the requisite stake.
Id., at
333; see
infra, at 8. But in such a case, Article III is
not what poses the bar; these rules of practice “d[o] not have
[their] source in the jurisdictional limitations” of the
Constitution.
Deposit Guaranty, 445 U. S., at 333–334. So
long as the litigants possess the personal stake discussed above,
an appeal presents a case or controversy, no matter that the
appealing party was the prevailing party below.
This Article III standard often will be met
when immunized officials seek to challenge a ruling that their
conduct violated the Constitution. That is not because a court has
made a retrospective judgment about the lawfulness of the
officials’ behavior, for that judgment is unaccompanied by any
personal liability. Rather, it is because the judgment may have
prospective effect on the parties. The court in such a case says:
“Although this official is immune from damages today, what he did
violates the Constitution and he or anyone else who does that thing
again will be personally liable.” If the official regularly engages
in that conduct as part of his job (as Camreta does), he suffers
injury caused by the adverse constitutional ruling. So long as it
continues in effect, he must either change the way he performs his
duties or risk a meritorious damages action. Cf.
id., at
337–338 (discussing prevailing party’s stake in a ruling’s
prospective effects). Only by overturning the ruling on appeal can
the official gain clearance to engage in the conduct in the future.
He thus can demonstrate, as we demand, injury, causation, and
redressability.[
Footnote 4] And
conversely, if the person who initially brought the suit may again
be subject to the challenged conduct, she has a stake in preserving
the court’s holding. See
Erie v.
Pap’s
A. M.,
529
U. S. 277, 287–289 (2000);
Honig v.
Doe,
484 U. S. 305,
318–323 (1988); cf.
Lyons, 461 U. S., at 111 (examining
whether the plaintiff had shown “a sufficient likelihood that he
will again be wronged in a similar way”). Only if the ruling
remains good law will she have ongoing protection from the
practice.
We therefore reject S. G.’s view that Article
III bars us from adjudicating any and all challenges brought by
government officials who have received immunity below. That the
victor has filed the appeal does not deprive us of jurisdiction.
The parties in such cases may yet have a sufficient “interest in
the outcome of [a litigated] issue” to present a case or
controversy.
Deposit Guaranty, 445 U. S., at 336,
n. 7.
B
Article III aside, an important
question of judicial policy remains. As a matter of practice and
prudence, we have generally declined to consider cases at the
request of a prevailing party, even when the Constitution allowed
us to do so. See,
e.g., Gunn v.
University Comm. to
End War in Viet Nam,
399 U. S. 383, 390, n. 5
(1970);
New York Telephone Co. v.
Maltbie,
291 U. S. 645,
646 (1934)
(per curiam); see also
Bunting v.
Mellen,
541 U. S. 1019, 1023
(2004) (Scalia, J., dissenting from denial of certiorari) (“[O]ur
practice reflects a ‘settled refusal’ to entertain an appeal by a
party on an issue as to which he prevailed” (quoting Stern &
Gressman 79 (8th ed. 2002))). Our resources are not well spent
superintending each word a lower court utters en route to a final
judgment in the petitioning party’s favor. See
California
v.
Rooney,
483 U. S. 307, 311
(1987)
(per curiam) (“[T]hat the Court of Appeal reached
its decision through analysis different than this Court might have
used does not make it appropriate … for the prevailing party to
request us to review it”). We therefore have adhered with some
rigor to the principle that “[t]his Court reviews judgments, not
statements in opinions.”
Ibid. (internal quotation marks
omitted). On the few occasions when we have departed from that
principle, we have pointed to a “policy reaso[n] … of sufficient
importance to allow an appeal” by the winner below.
Deposit
Guaranty, 445 U. S., at 336, n. 7.
We think just such a reason
places qualified immunity cases in a special category when it comes
to this Court’s review of appeals brought by winners. The
constitutional determinations that prevailing parties ask us to
consider in these cases are not mere dicta or “statements in
opinions.”
Rooney, 483 U. S., at 311 (internal quotation
marks omitted); see
Bunting, 541 U. S., at 1023 (Scalia,
J., dissenting from denial of certiorari) (stating that such a
determination is “
not mere dictum in the ordinary sense”).
They are rulings that have a significant future effect on the
conduct of public officials—both the prevailing parties and their
co-workers—and the policies of the government units to which they
belong. See
supra, at 6–7. And more: they are rulings
self-consciously designed to produce this effect, by establishing
controlling law and preventing invocations of immunity in later
cases. And still more: they are rulings designed this way with this
Court’s permission, to promote clarity—and observance—of
constitutional rules. We describe in more detail below these
fea-tures of the qualified immunity world and why they came to be.
We hold that taken together, they support bending our usual rule to
permit consideration of immunized officials’ petitions.
To begin, then, with the nature of these
suits: Under §1983 (invoked in this case) and
Bivens v.
Six Unknown Fed. Narcotics Agents,
403 U. S. 388 (1971), a
plaintiff may seek money damages from government officials who have
violated her constitutional or statutory rights. But to ensure that
fear of liability will not “unduly inhibit officials in the
discharge of their duties,”
Anderson v.
Creighton,
483 U. S. 635, 638
(1987), the officials may claim qualified immunity; so long as they
have not violated a “clearly established” right, they are shielded
from personal liability,
Harlow v.
Fitzgerald,
457 U. S. 800,
818 (1982). That means a court can often avoid ruling on the
plaintiff’s claim that a particular right exists. If prior case law
has not clearly settled the right, and so given officials fair
notice of it, the court can simply dismiss the claim for money
damages. The court need never decide whether the plaintiff’s claim,
even though novel or otherwise unsettled, in fact has merit.
And indeed, our usual adjudicatory rules
suggest that a court
should forbear resolving this issue.
After all, a “longstanding principle of judicial restraint requires
that courts avoid reaching constitutional questions in advance of
the necessity of deciding them.”
Lyng v.
Northwest
Indian Cemetery Protective Assn.,
485 U. S. 439, 445
(1988); see also
Ashwander v.
TVA,
297 U. S. 288, 346–347
(1936) (Brandeis, J., concurring). In this category of qualified
immunity cases, a court can enter judgment without ever ruling on
the (perhaps difficult) constitutional claim the plaintiff has
raised. Small wonder, then, that a court might leave that issue for
another day.
But we have long recognized that this day may
never come—that our regular policy of avoidance sometimes does not
fit the qualified immunity situation because it threatens to leave
standards of official conduct permanently in limbo.
County of
Sacramento v.
Lewis,
523 U. S. 833, 841, n. 5
(1998). Consider a plausible but unsettled constitutional claim
asserted against a government official in a suit for money damages.
The court does not resolve the claim because the official has
immunity. He thus persists in the challenged practice; he knows
that he can avoid liability in any future damages action, because
the law has still not been clearly established. Another plaintiff
brings suit, and another court both awards immunity and bypasses
the claim. And again, and again, and again. So the moment of
decision does not arrive.[
Footnote
5] Courts fail to clarify uncertain questions, fail to address
novel claims, fail to give guidance to officials about how to
comply with legal requirements. See,
e.g., ibid.; Wilson
v.
Layne,
526 U. S. 603, 609
(1999). Qualified immunity thus may frustrate “the development of
constitutional precedent” and the promotion of law-abiding
behavior.
Pearson v.
Callahan,
555 U. S. 223, 237 (2009).
For this reason, we have permitted lower
courts to avoid avoidance—that is, to determine whether a right
exists before examining whether it was clearly established. See,
e.g., ibid.; Lewis, 523 U. S., at 841, n. 5.
Indeed, for some time we
required courts considering
qualified immunity claims to first address the constitutional
question, so as to promote “the law’s elaboration from case to
case.”
Saucier v.
Katz,
533 U. S. 194, 201
(2001). More recently, we have left this matter to the discretion
of lower courts, and indeed detailed a range of circumstances in
which courts should address only the immunity question. See
Pearson, 555 U. S., at 236–242. In general, courts should
think hard, and then think hard again, before turning small cases
into large ones. But it remains true that following the two-step
sequence—defining constitutional rights and only then conferring
immunity—is sometimes beneficial to clarify the legal standards
governing public officials.
Id., at 236; see
id.,
at 236–242 (discussing factors courts should consider in making
this determination).
Here, the Court of Appeals followed exactly
this two-step process, for exactly the reasons we have said may in
select circumstances make it “advantageous.”
Id., at 242.
The court, as noted earlier, explained that it was “address[ing]
both prongs of the qualified immunity inquiry … to provide guidance
to those charged with the difficult task of protecting child
welfare within the confines of the Fourth Amendment.” 588
F. 3d, at 1022. To that end, the court adopted constitutional
standards to govern all in-school interviews of suspected child
abuse victims. See
id., at 1030. And the court
specifically instructed government officials to follow those
standards going forward—to “cease operating on the assumption” that
warrantless interviews are permitted. See
id., at 1033.
With the law thus clearly established, officials who conduct this
kind of interview will not receive immunity in the Ninth Circuit.
And the State of Oregon has done just what we would expect in the
wake of the court’s decision: It has provided revised legal advice,
consonant with the Ninth Circuit’s ruling, to child protective
services workers wishing to interview children in schools. See Tr.
of Oral Arg. 14. The court thus accomplished what it set out to do:
settle a question of constitutional law and thereby guide the
conduct of officials.
Given its purpose and effect, such a decision
is reviewable in this Court at the behest of an immunized official.
No mere dictum, a constitutional ruling preparatory to a grant of
immunity creates law that governs the official’s behavior. If our
usual rule pertaining to prevailing parties applied, the official
would “fac[e] an unenviable choice”: He must either acquiesce in a
ruling he had no opportunity to contest in this Court, or “defy the
views of the lower court, adhere to practices that have been
declared illegal, and thus invite new suits and potential punitive
damages.”
Pearson, 555 U. S., at 240–241 (internal
quotation marks and brackets omitted). And if our usual bar on
review applied, it would undermine the very purpose served by the
two-step process, “which is to clarify constitutional rights
without undue delay.”
Bunting, 541 U. S., at 1024 (Scalia,
J., dissenting from denial of certiorari). This Court, needless to
say, also plays a role in clarifying rights. Just as that purpose
may justify an appellate court in reaching beyond an immunity
defense to decide a constitutional issue, so too that purpose may
support this Court in reviewing the correctness of the lower
court’s decision.[
Footnote
6]
We emphasize, however, two limits of today’s
holding. First, it addresses only our own authority to review cases
in this procedural posture. The Ninth Circuit had no oc-casion to
consider whether it could hear an appeal from an immunized
official: In that court, after all, S. G. appealed the judgment in
the officials’ favor. We therefore need not and do not decide if an
appellate court, too, can entertain an appeal from a party who has
prevailed on immunity grounds.[
Footnote 7] Second, our holding concerns only what this
Court
may review; what we actually will choose to review
is a different matter. That choice will be governed by the ordinary
principles informing our decision whether to grant certiorari—a
“power [we] … sparingly exercis[e].”
Forsyth v.
Hammond,
166 U. S. 506, 514
(1897); see also
id., at 514–515 (this Court grants review
“only when the circumstances of the case satisfy us that the
importance of the question involved, the necessity of avoiding
conflict [in the lower courts], or some matter affecting the
interests of this nation … , demands such exercise”); this Court’s
Rule 10. Our decision today does no more than exempt one special
category of cases from our usual rule against considering
prevailing parties’ petitions. Going forward, we will consider
these petitions one by one in accord with our usual standards.
III
Although we reject S. G.’s
arguments for dismissing this case at the threshold, we find that a
separate jurisdictional problem requires that result: This case, we
conclude, is moot.[
Footnote
8]
As we explained above,
supra, at 6–7, in a dispute of this kind, both the
plaintiff and the defendant ordinarily retain a stake in the
outcome. That is true of one defendant here: Camreta remains
employed as a child protective services worker, so he has an
interest in challenging the Ninth Circuit’s ruling requiring him to
obtain a warrant before conducting an in-school interview.[
Footnote 9] But S. G. can no
longer claim the plaintiff’s usual stake in preserving the court’s
holding because she is no longer in need of any protection from the
challenged practice. After we granted certiorari, we discovered
that S. G. has “moved to Florida, and ha[s] no intention of
relocating back to Oregon.” Brief for Respondent 13, n. 13.
What is more, S. G. is now only months away from her 18th
birthday—and, presumably, from her high school graduation. See
id., at 31. S. G. therefore cannot be affected by the
Court of Appeals’ ruling; she faces not the slightest possibility
of being seized in a school in the Ninth Circuit’s jurisdiction as
part of a child abuse investigation. When “subsequent events ma[ke]
it absolutely clear that the allegedly wrongful behavior could not
reasonably be expected to recur,” we have no live controversy to
review.
United States v.
Concentrated Phosphate Export
Assn., Inc.,
393 U. S. 199, 203
(1968); see,
e.g., Atherton Mills v.
Johnston,
259 U. S. 13,
15–16 (1922) (suit contesting the validity of a child labor statute
mooted when plaintiff-child was “[no longer] within the ages
affected by the act”);
DeFunis v.
Odegaard,
416 U. S. 312
(1974)
(per curiam) (suit challenging law school
admissions policy mooted when plaintiff neared graduation). Time
and distance combined have stymied our ability to consider this
petition.
Camreta makes only one counterargument: He
avers that S. G. has a continuing interest in the Ninth
Circuit’s constitutional ruling because it may help her establish a
municipal liability claim against Deschutes County. See Tr. of Oral
Arg. 7;
id., at 8. S. G.’s initial complaint charged
that the county has an official policy of unconstitutionally
subjecting schoolchildren to police interrogation. See n. 2,
supra. Finding no evidence of such a policy (even assuming
that an unlawful seizure had occurred in this case), the District
Court granted summary judgment to the county, App. to Pet. for
Cert. in No. 09–1454, pp. 66–67, and S. G. did not appeal that
ruling, 588 F. 3d, at 1020, n. 4. And although S. G.
recently sought to reinstate her claim against the county, the
District Court denied that motion. 6:05–cv–06047–AA, Docket Entry
No. 139 (D Ore., Jan. 4, 2011). Whatever interest S. G. might
have were her municipal liability claim still pending (an issue we
need not and do not decide), we do not think S. G.’s
dismissed claim against a
different defendant
involving a
separate legal theory can save this case from
mootness. See
Commodity Futures Trading Comm’n v.
Board of Trade of Chicago, 701 F. 2d 653, 656 (CA7
1983) (Posner, J.) (“[O]ne can never be certain that findings made
in a decision concluding one lawsuit will not some day … control
the outcome of another suit. But if that were enough to avoid
mootness, no case would ever be moot”).
We thus must decide how to dispose of this
case. When a civil suit becomes moot pending appeal, we have the
authority to “direct the entry of such appropriate judgment,
decree, or order, or require such further proceedings to be had as
may be just under the circumstances.” 28 U. S. C. §2106. Our
“established” (though not exceptionless) practice in this situation
is to vacate the judgment below. See
Munsingwear, 340 U.
S., at 39;
Alvarez v.
Smith, 558 U. S. ___, ___
(2009) (slip op., at 6). “A party who seeks review of the merits of
an adverse ruling, but is frustrated by the vagaries of
circumstance,” we have emphasized, “ought not in fairness be forced
to acquiesce in” that ruling.
U. S. Bancorp Mortgage Co.
v.
Bonner Mall Partnership,
513 U. S. 18, 25 (1994).
The equitable remedy of vacatur ensures that “those who have been
prevented from obtaining the review to which they are entitled
[are] not … treated as if there had been a review.”
Munsingwear, 340 U. S., at 39.[
Footnote 10]
S. G. contends that vacatur is
inappropriate in the qualified immunity context because that
disposition would “undermine” the Court of Appeals’ choice to
“decide [a] constitutional questio[n]” to govern future cases.
Brief for Respondent 41–42; Tr. of Oral Arg. 47. Far from
counseling against vacatur, S. G.’s argument reveals the
necessity of that procedural course. The point of vacatur is to
prevent an unreviewable decision “from spawning any legal
consequences,” so that no party is harmed by what we have called a
“preliminary” adjudication.
Munsingwear, 340 U. S., at
40–41. As we have just explained, a consti-tutional ruling in a
qualified immunity case is a legally consequential decision; that
is the very reason we think it appropriate for review even at the
behest of a prevailing party. See
supra, at 8–12. When
happenstance prevents that review from occurring, the normal rule
should ap- ply: Vacatur then rightly “strips the decision below of
its binding effect,”
Deakins v.
Monaghan,
484 U. S. 193,
200 (1988), and “clears the path for future relitigation,”
Munsingwear, 340 U. S., at 40.
In this case, the happenstance of S. G.’s
moving across country and becoming an adult has deprived Camreta of
his appeal rights. Mootness has frustrated his ability to challenge
the Court of Appeals’ ruling that he must obtain a warrant before
interviewing a suspected child abuse victim at school. We therefore
vacate the part of the Ninth Circuit’s opinion that addressed that
issue, and remand for further proceedings consistent with this
opinion.[
Footnote 11] See,
e.g.,
Arave v.
Hoffman,
552 U. S. 117, 118–119
(2008)
(per curiam); Selig v.
Pediatric
Specialty Care, Inc.,
551 U. S. 1142
(2007).
It is so ordered.
Footnote 1
Because Greene filed suit as next friend for
her minor daughter, we will refer to respondent as S. G.
throughout this opinion.
Footnote 2
S. G. also sued Deschutes County, alleging
that it has a policy of unconstitutionally seizing children in
public schools. See 588 F. 3d 1011, 1020, n. 4 (CA9
2009). The District Court rejected this claim, and S. G. did
not appeal that ruling to the Ninth Circuit.
Ibid.
Footnote 3
The dissent discusses
Deposit
Guaranty and
Electrical Fittings at length in an
effort to distinguish them from this suit. See
post, at
4–7 (opinion of Kennedy, J.). But we do not say those cases are
foursquare with this one on their facts; we rely on them only for
the proposition that this Court has previously identified no
special Article III bar on review of appeals brought by parties who
obtained a judgment in their favor below. The dissent does not,
because it cannot, dispute that simple point.
Footnote 4
Contrary to the dissent’s view, see
post, at 12, the injury to the official thus occurs
independent of any future suit brought by a third party. Indeed, no
such suit is likely to arise because the prospect of damages
liability will force the official to change his conduct.
Footnote 5
The constitutional issue could arise in a
case in which qualified immunity is unavailable—for example, “in a
suit to enjoin future con-duct, in an action against a
municipality, or in litigating a suppres- sion motion in a criminal
proceeding.”
Lewis, 523 U. S., at 841, n. 5. A decision in
such a case would break the repetitive cycle of qualified immunity
defenses described above. But some kinds of constitutional
questions do not often come up in these alternative settings.
Pearson v.
Callahan,
555 U. S. 223, 236 (2009); see
Lewis, 523 U. S., at 841, n. 5 (noting that “these
avenues w[ill] not necessarily be open”).
Footnote 6
The dissent complains that our decision
“allows plaintiffs to obtain binding constitutional determinations
on the merits that lie beyond this Court’s jurisdiction to review.”
Post, at 10. But that is not the case. It is not this
decision but our prior precedents that allow lower courts to issue
“binding constitutional determinations” in qualified immunity cases
even when the plaintiff is not entitled to money damages. And it is
not our decision but the dissent that would insulate these rulings
from this Court’s power to review.
Footnote 7
We note, however, that the considerations
persuading us to permit review of petitions in this posture may not
have the same force as applied to a district court decision. “A
decision of a federal district court judge is not binding precedent
in either a different judicial district, the same judicial
district, or even upon the same judge in a different case.” 18 J.
Moore et al., Moore’s Federal Practice §134.02[1][d], p.
134–26 (3d ed. 2011). Many Courts of Appeals therefore decline to
consider district court precedent when determining if
constitutional rights are clearly established for purposes of
qualified immunity. See,
e.g., Kalka v.
Hawk, 215
F. 3d 90, 100 (CADC 2000) (Tatel, J., concurring in part and
concurring in judgment) (collecting cases). Otherwise said,
district court decisions—unlike those from the courts of appeals—do
not necessarily settle constitutional standards or prevent repeated
claims of qualified immunity.
Footnote 8
Justice Sotomayor maintains that, because
this case is moot, “[t]here is no warrant for reaching th[e]
question” whether immunized officials may obtain our consideration
of an adverse constitutional ruling.
Post, at 1 (opinion
concurring in judgment). But this Court has never held that it may
consider only one threshold issue per case. And here, as we will
explain,
infra, at 16–18, and n. 10, our discussion
of reviewability is critical to our ultimate disposition of this
suit. Moreover, that issue was fully litigated in this Court. We
granted certiorari to consider whether “the Ninth Circuit’s
constitutional ruling [is] reviewable, notwithstanding that [the
Court of Appeals] ruled in [the officials’] favor on qualified
immunity grounds.” Pet. for Cert. in No. 09–1454, p. i. And
all the parties, as well as the United States as
amicus
curiae, addressed that question in their briefs and oral
arguments. Compare Brief for Petitioner in No. 09–1454,
pp. 41–44, Brief for Petitioner in No. 09–1478, p. 4,
n. 1, Reply Brief for Petitioner in No. 09–1454,
pp. 3–13, Reply Brief for Petitioner in No. 09–1478,
pp. 5–6, Brief for United States as
Amicus Curiae
11–20, and Tr. of Oral Arg. 4–14, 17–24, 54–58, with Brief for
Respondent 24–42, and Tr. of Oral Arg. 27–31, 46–52.
Footnote 9
The same cannot be said for Deputy Sheriff
Alford. In their briefs, the parties informed us that Alford no
longer works for Deschutes County or in law enforcement. See Brief
for Respondent 1, n. 2; Reply Brief for Petitioner in No. 09–1478.
Because Alford will not again participate in a child abuse
investigation, he has lost his interest in the Fourth Amendment
ruling. See
supra, at 6–7; cf.
Arizonans for Official
English v.
Arizona,
520 U. S. 43, 67 (1997) (holding that
the plaintiff’s challenge to a state law affecting the performance
of her job duties was mooted when she left state employment). But
in light of Camreta’s continuing stake, Alford’s altered
circumstances are immaterial to our resolution of this dispute, and
we do not decide any questions that would arise if he were the only
defendant.
Footnote 10
Our analysis of the proper disposition of
this case follows from our conclusion that government officials who
secure a favorable judgment on immunity grounds may obtain our
review of an adverse constitutional holding. See
supra, at
12. As just noted,
Munsingwear justified vacatur to
protect a litigant who had the right to appeal but lost that
opportunity due to happenstance. 340 U. S., at 39, 41. We have
therefore left lower court decisions intact when mootness did not
deprive the appealing party of any review to which he was entitled.
See,
e.g., U. S. Bancorp Mortgage Co., 513 U. S., at 25
(holding that the appealing party had “surrender[ed] his claim to
the equitable remedy of vacatur” by settling the case and thus
“voluntarily forfeit[ing] his legal remedy by the ordinary
processes of appeal”);
Karcher v.
May,
484 U. S. 72, 83 (1987)
(holding that vacatur in light of mootness was not warranted when
the losing party declined to file an appeal). So if immunized
officials could not challenge an appellate decision in this Court,
we would choose not to exercise our equitable authority to vacate
that decision, even if the case later became moot. But here, as we
have just explained, the theory that underlies our prior cases
applying
Munsingwear is satisfied: Vacatur expunges an
adverse decision that would be reviewable had this case not become
moot. See
Arizonans, 520 U. S., at 74 (finding vacatur
proper because, “when the mooting event occurred,” the Arizona
Attorney General was pursuing his “right to present argument on
appeal”).
Footnote 11
Our disposition of this case differs slightly
from the normal
Munsingwear order vacating the lower
court’s judgment and remanding the case with instructions to
dismiss the relevant claim. We leave untouched the Court of
Appeals’ ruling on qualified immunity and its corresponding
dismissal of S. G.’s claim because S. G. chose not to
challenge that ruling. We vacate the Ninth Circuit’s ruling
addressing the merits of the Fourth Amendment issue because, as we
have explained,
supra, at 11–12, that is the part of the
decision that mootness prevents us from reviewing but that has
prospective effects on Camreta. See
Walling v.
James
V. Reuter, Inc.,
321 U. S. 671, 677
(1944) (observing that when a suit becomes moot, “this Court … may
make such disposition of the whole case as justice may require”).
But we emphasize that this unique disposition follows from the
unique posture of this case and signals no endorsement of
deviations from the usual
Munsingwear order in other
situations.
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