· 11/8/2016
Burkhart v. Wolf Motors of Naperville, Inc.
Citations
- 2016 IL App (2d) 151053
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that the correct standard to apply to juvenile cases remains unclear and noting that the United States Supreme Court has avoided answering the question
- noting that a plaintiff states a plausible claim for relief if he includes \enough details about the subject matter of the case to present a story that holds together\
- allowing for defendants to assert a qualified immunity defense at the pleading stage, though noting at this stage the defense is subject to a more challenging review
- reversing grant of qualified immunity asserted on a motion to dismiss pursuant to Rule 12(b)(6) where available record lacked information about the reasons that defendants isolated the plaintiffs
- discussing circuit split and noting that the Supreme Court has not decided this question
- if a plaintiff fails to show that the official violated a constitutional right, the defendant official is protected by qualified immunity
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
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