· 5/28/1974
Marshall v. Texas
Citations
- 417 U.S. 902
- 94 S. Ct. 2595
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that discovery “should not be allowed “ until the court makes a requested qualified immunity determination
- concluding that district court order postponing ruling on qualified-immunity defense constituted denial because defendants “los[t] their right to be free from the burdens of pretrial discovery and trial”
- noting that qualified immunity, if successful, protects an official both from liability and the ordinary burdens of litigation, including far-ranging discovery
- stating that court cannot frame question of qualified immunity as factual to avoid determining whether the law was clearly established at time of alleged violation
- noting the propriety of delaying a ruling on qualified immunity until conduct of narrowly tailored discovery
- noting discovery should not be allowed until the court resolves the threshold question of clearly established law
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
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