Curley v. Klem

How courts have described this case

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

• noting that “a decision on qualified immunity will be premature when there are unresolved disputes of historical fact relevant to the immunity analysis.”
• noting that “the federal courts of appeals are divided on the question of whether the judge or jury should decide the ultimate question of objective reasonableness once all the relevant factual issues have been resolved”
• noting “the reality that factual disputes often need to be resolved before determining whether the defendant’s conduct violated a clearly established constitutional right.”
• declining to determine qualified immunity at the summary judgment stage because of outstanding disputes of material fact
• stressing “the reality that factual disputes often need to be resolved before determining whether the defendant’s conduct” is subject to qualified immunity
• stating that, “[j]ust as the granting of summary judgment is inappropriate when a genuine issue exists as to any material fact, a decision on qualified immunity will be premature when there are unresolved disputes of historical fact relevant to the immunity analysis”

Source: CourtListener parenthetical corpus (CC0).