The issue focused on Justice Anthony Kennedy's jurisprudence on constitutional rights and constitutional liability in criminal cases. Justice Kennedy decided that criminal defendants may sue if their constitutional rights were violated and Justice Scalia argued that Justice Kennedy had indicated that criminal defendants may sue only if their constitutional rights were violated. Justice Scalia argued that Justice Kennedy had indicated that criminal defendants may sue only if their constitutional rights were violated. Justice Kennedy argued that criminal defendants may sue only if their constitutional rights were violated. Justice Scalia argued that Justice Kennedy had indicated