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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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