· 11/14/2006
Anderson v. Blake
Citations
- 469 F.3d 910
- 34 Media L. Rep. (BNA) 2505
- 2006 U.S. App. LEXIS 28144
- 2006 WL 3291688
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- affirming the denial of qualified immunity because plaintiff had a constitutionally protected privacy interest in a rape video and was not required, at the motion-to-dismiss stage, to disprove every possible compelling interest the government might assert
- rape victim had a clearly established liberty interest in challenging officials' disclosure of videotape depicting the attack
- “If a defendant wishes to raise a qualified immunity argument based on facts outside the pleadings, he may do so in a motion for summary judgment.”
- “[A] general constitutional rule that has already been established can “apply with obvious clarity to the specific conduct in question, even though the very action in question has [not] previously been held unlawful.”
- Plaintiff has the burden of demonstrating the constitutional right is clearly established and may rely on cases from the Supreme Court, Tenth Circuit, or the weight of authority from other circuits
- “An order denying qualified immunity that raises purely legal issues is immediately appealable.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Kelly, Holloway, McConnell
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.