563 U.S. 692

BOB CAMRETA, PETITIONER

091454 v.

SARAH GREENE, personally and as next friend of S.G., a minor, and K.G., a minor

JAMES ALFORD, DEPUTY SHERIFF, DESCHUTES COUNTY, OREGON, PETITIONER

091478 v.

SARAH GREENE, personally and as next friend of S.G., a minor, and K.G., a minor

on writs of certiorari to the united states court of appeals for the ninth circuit


[May 26, 2011]

Justice Scalia , concurring.

I join the Courts opinion, which reasonably applies our precedents, strange though they may be. The alternative solution, as Justice Kennedy suggests, see post , at 13 (dissenting opinion), is to end the extraordinary practice of ruling upon constitutional questions unnecessarily when the defendant possesses qualified immunity. See Saucier v. Katz , 533 U.S. 194 (2001) . The parties have not asked us to adopt that approach, but I would be willing to consider it in an appropriate case.