One of the judges wanted to let it happen again: > In a separate concurring 9th Circuit opinion, Circuit Judge Daniel A. Bress agreed that the court should uph

One of the judges wanted to let it happen again: > In a separate concurring 9th Circuit opinion, Circuit Judge Daniel A. Bress agreed that the court should uphold the trial court’s granting of immunity and dismissal of the claims. But he wrote that the panel should have simply affirmed the lower court ruling and not gone on to find a constitutional violation. > It’s unclear, Bress wrote, whether Idaho authorities are more at fault, for example. “In my respectful view, prudence here dictated that we decide only what we needed to decide,” he wrote.