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· 8/29/1994

Clampet v. Koppelman

Citations

  • 207 A.D.2d 518
  • 616 N.Y.S.2d 253
  • 1994 N.Y. App. Div. LEXIS 8563

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • noting that the disbelief in a non-moving party’s ability to succeed on the merits is insufficient to grant summary judgment
  • noting that the disbelief in a non-moving party’s ability to succeed on the merits is insufficient to grant summary judgment
  • noting that in this Circuit, a defendant-officer bears the burden to prove that a right was not clearly established
  • explaining that at summary judgment, a court “cannot simply accept the trooper’s statements as true given potentially contradictory physical evidence”
  • explaining that plaintiffs are not required to “put a claim under a special heading, quote the statute, or use magic words to make out a claim”
  • explaining that qualified immunity applies when either (1) a plaintiff fails to state a violation of a federal right or (2) a defendant shows the right was not clearly established

Source: CourtListener parenthetical corpus (CC0).

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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.