1. The qualified immunity reversal in Tolan (2014) benefitted civil rights plaintiffs. 2. It seems to me that Circuit Courts can write opinions that do both of the following: (i) clearly state that the complained of conduct is to be considered as a 4A (or 8A) violation on a going-forward basis; and (ii) further state that the violation was established as of the date of the complained-of law enforcement behavior. That way, when SCOTUS summarily reverses based on the “clearly established” prong of Saucier/Pearson, there will still be a benefit to civil rights plaintiffs. 3. I think that Circuit Courts can also urge district courts to provide injunctive relief in a case like Barkes, Lyons notwithstanding.