Crawford-El v. Britton

Justice Kennedy's brief concurring opinion expressed concern for the way frivolous and "farcical" suits show "disdain for the judicial system," but he agreed with the Court that far-reaching solutions need to come from Congress, not from the courts. Chief Justice Rehnquist, joined by Justice O'Connor, offered the view that the Court's ruling had set a precedent that was at odds with and undermined Harlow, in that the rule did not apply qualified immunity "across the board." He proposed extending Harlow's qualified immunity to cases where the plaintiff fails to objectively establish that the official's reason for his or her action is merely a pretext. Justice Scalia's dissenting opinion, joined by Justice Thomas, indicated a preference for granting qualified immunity to all officials whose conduct measured objectively is valid, even if their intentions are otherwise.