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Souter, J., dissenting

SUPREME COURT OF THE UNITED STATES

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No. 99—1977

DONALD SAUCIER, PETITIONER v. ELLIOT M. KATZ
and IN DEFENSE OF ANIMALS

ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF
APPEALS FOR THE NINTH CIRCUIT

[June 18, 2001]

Justice Souter, concurring in part and dissenting in part.

I join Parts I and II of the Court’s opinion, but would remand the case for application of the qualified immunity standard.