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Seventh Circuit· 9/16/1994

Cynthia Kernats v. Thomas O'Sullivan

Citations

  • 35 F.3d 1171
  • 1994 U.S. App. LEXIS 25789
  • 1994 WL 503404

How courts have described this case

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

  • holding that the plaintiff bears the burden of demonstrating that a constitutional right is clearly established
  • “The plaintiff bears the burden of establishing the existence of a clearly established constitutional right.”
  • “Supervisory liability may attach . . . where a supervisor, with knowledge of a subordinate’s conduct, approves of the conduct and the basis for it.”
  • Section 1983 claim regarding police use of force during arrest arise under Fourth Amendment
  • denial of freedom to remain in a place can be a seizure
  • only analogous case needed, cases “on all fours” not required

Source: CourtListener parenthetical corpus (CC0).

Judges: Flaum, Rovner, Crabb

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.