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MUEHLER v. MENA

No. 03-1423.

544 U.S. 93 (2005)

MUEHLER ET AL. v. MENA.

Supreme Court of United States.

Decided March 22, 2005.

Attorney(s) appearing for the Case

Carter G. Phillips argued the cause for petitioners. With him on the briefs were Joseph R. Guerra and David H. Hirsch.

Kannon K. Shanmugam argued the cause for the United States as amicus curiae urging reversal. With him on the brief were Acting Solicitor General Clement, Assistant Attorney General Wray, and Deputy Solicitor General Dreeben.

Paul L. Hoffman argued the cause for respondent. With him on the brief were Benjamin Schonbrun, Michael S. Morrison, and Erwin Chemerinsky.*

REHNQUIST, C. J., delivered the opinion of the Court, in which O'CONNOR, SCALIA, KENNEDY, and THOMAS, JJ., joined. KENNEDY, J., filed a concurring opinion, p. 102. STEVENS, J., filed an opinion concurring in the judgment, in which SOUTER, GINSBURG, and BREYER, JJ., joined, p. 104.

CHIEF JUSTICE REHNQUIST delivered the opinion of the Court.

Respondent Iris Mena was detained in handcuffs during a search of the premises that she and several others occupied. Petitioners were lead members of a police detachment executing a search warrant of these premises. She sued the officers under Rev. Stat. § 1979, 42 U. S. C. § 1983, and the District Court found in her favor. The Court of Appeals affirmed...

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