Randall Curtis v. Brian Bembenek

How courts have described this case

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

• holding that an officer who testifies during a preliminary hearing is absolutely immune from § 1983 liability
• holding that officers are entitled to absolute immunity for testimony given during a preliminary hearing and a pretrial suppression hearing
• stating that, in the context of a motion to dismiss, a court must “accept all well-pleaded facts as true, draw all inferences in favor of the plaintiff, and resolve all ambiguities in favor of the plaintiff”
• finding that police officers have absolute immunity for testimony at preliminary hearings
• noting a pro se plaintiff “can simply rest on the assumed truthfulness and liberal construction afforded his complaint” and “the nonmovant’s lack of response to a motion to dismiss constitutes no admission of the proponent's factual assertions”
• A \pro se plaintiff who has alleged well-pled facts supporting a claim for relief can withstand dismissal without responding to a motion to dismiss.\

Source: CourtListener parenthetical corpus (CC0).