Hunt v. Board of Regents of the University of New Mexico

February 8, 2019

U.S. Court of Appeals for the Tenth Circuit, Feb. 8, 2019

Amici: Cato Institute, Foundation for Individual Rights in Education, Professor Eugene Volokh

Amici argued that the lower court erred in granting qualified immunity to administrators who disciplined the plaintiff for an intemperate anti-abortion Facebook post. By framing the constitutional question so narrowly, the court all but guaranteed that qualified immunity would attach, frustrating the development of constitutional law as well as the ability of litigants to meaningfully redress constitutional violations.