State v. Town of Tavares

How courts have described this case

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

• finding that qualified immunity was not waived because, although it was not pleaded in the defendants’ answer, other pretrial submissions asserted the defense
• noting that whether police officer \gave warnings\ was relevant to resolution of qualified immunity defense
• explaining that after receiving the jury’s decision as to “what the facts were,” the court then may “make the ultimate legal determination of whether qualified immunity attaches on those facts.”
• observing that a reasonable mistake of fact concerning whether the level 8 of force used was justified goes only to the question of whether the individual’s 9 constitutional rights were violated, and not to whether the officer is entitled to qualified 10 immunity
• “If we are ‘unable to harmonize the jury’s findings, we must vacate the judgment and order a new trial.’ ”
• “[T]he district court should substantially follow the procedure it outlined, and the parties agreed to, during precharge conferences.”

Source: CourtListener parenthetical corpus (CC0).