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· 10/11/1993

Presley v. City of Benbrook

Citations

  • 4 F.3d 405
  • 1993 WL 380244

How courts have described this case

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

  • stating that qualified immunity issues are routinely sent to a jury when genuine issues of material fact exist
  • “[I]t is well settled that a federal court is obligated to inquire into subject matter jurisdiction sua sponte whenever it may be lacking.”
  • “In the wake of Muniz, it has been universally accepted by courts, both federal and state, that a routine booking question exception to the Fifth Amendment exists.”
  • “[T]he essence of qualified immunity [is] that an officer may make mistakes that infringe constitutional rights and yet not be held liable where, given . . . uncertain circumstances, it cannot be said that []he knew []he was violating a person’s rights.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Politz, Goldberg, Jones

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.