· 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).
Sourced from CourtListener / Free Law Project (CC0).
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