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· 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 CourtListener

Sourced 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.