|John Paul Stevens|
While embracing Justice David Souter's dissent in Ashcroft v. Iqbal Stevens called for a change in doctrine. Government should be liable under respondeat superior for constitutional violations, while affording personal immunity to policy-makers like Attorney General John Ashcroft who were presumably acting from patriotic impulse even if they "encouraged or tolerated improper efforts to obtain information about potential threats".
VICTIMS HARMED BY CONSTITUTIONAL VIOLATIONS
by Justice John Paul Stevens May 4, 2015
"Fear plays a more important role in the process of making important decisions at the outset of international hostilities than is often recognized. That emotion sometimes leads to erroneous decisions that do far more harm than good. President Franklin D. Roosevelt's decision to approve the mass relocation and
internment of thousands of American citizens of Japanese ancestry during World War II is a vivid example of such a decision...."