· 4/18/2000
Angie Chesser, A.K.A. Angie Kimball v. Amos Sparks, Individually and in His Official Capacity as Haralson County Commissioner
Citations
- 248 F.3d 1117
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining that an entitlement to qualified immunity “raised . . . on a motion to dismiss . . . will be granted if the complaint fails to allege the violation of a clearly established constitutional right”
- “A plaintiff cannot avoid the qualified immunity defense by referring to general rules and to the violation of abstract rights.”
- “A constitutional right is clearly established if controlling precedent has recognized the right in a ‘concrete and factually defined context.’ A plaintiff cannot avoid the qualified immunity defense ‘by referring to general rules and to the violation of abstract ‘rights.’”
- “[T]he [qualified immunity] defense may be raised and considered on a motion to dismiss; the motion will be granted if the ‘complaint fails to allege the violation of a clearly established constitutional right.’ ”
- “[Q]ualified is typically addressed at the summary judgment stage of the case.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Tjoflat, Hull, Propst
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.