Patricia McCardle Plaintiff-Appellant-Cross-Appellee v. Jonathan Haddad, Defendant-Appellee-Cross-Appellant

How courts have described this case

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

• holding that qualified immunity defense can be waived by failure to raise it in a timely fashion or failure to raise it with sufficient particularity
• articulating other exceptions to warrant requirement, including automobile searches based on probable cause
• “[T]he defense [of qualified immunity] cannot properly be decided by the court as a matter of law unless the defendant moves for judgment as a matter of law ... in accordance with Fed.R.Civ.P. 50.”
• \[T]he defense [of qualified immunity] cannot properly be decided by the court as a matter of law unless the defendant moves for judgment as a matter of law... in accordance with Fed.R.Civ.P. 50.\
• \A party is not entitled to have the court give the jury an instruction for which there is no factual predicate in the trial record.\
• “Qualified immunity . . . is an affirmative defense that must be asserted in the official defendant’s answer and proven by the defendant.”

Source: CourtListener parenthetical corpus (CC0).