Last modified on January 13, 2008, at 19:28

Conn v. Gabbert

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In Conn v. Gabbert, 526 U.S. 286 (1999), the U.S. Supreme Court held that a court evaluating a claim of qualified immunity "must first determine whether the plaintiff has alleged the deprivation of an actual constitutional right at all, and if so, proceed to determine whether that right was clearly established at the time of the alleged violation."

Chief Justice William Rehnquist wrote the opinion for the nearly unanimous Court. He considered "whether a prosecutor violates an attorney's Fourteenth Amendment right to practice his profession when the prosecutor causes the attorney to be searched at the same time his client is testifying before a grand jury" and held "that such conduct by a prosecutor does not violate an attorney's Fourteenth Amendment right to practice his profession."