Stella v. Kelley

How courts have described this case

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

• holding that \a district court's pre-trial rejection of a qualified immunity defense is not immediately appealable to the extent that it turns on either an issue of fact or an issue perceived by the trial court to be an issue of fact.\
• holding that Johnson “permits immediate review of a qualified immunity claim when the issue appealed concerns not what facts the litigants might (or might not) be able to prove, but, rather, whether a given set of facts shows a violation of a federally protected right”
• concluding under Johnson that we can “examine the existence vel non of a constitutionally protected right” but not the fact-based question of what the evidence does or does not show
• refusing to follow Unwin v. Campbell, 863 F.2d 124 (1st Cir. 1988), in light of ________ Johnson v. Jones, 115 S. Ct. 2151 (1995)
• “Voting by members of municipal boards, commissions, and authorities comes within the heartland of First Amendment doctrine, and the status of public officials’ votes as constitutionally protected speech [is] established beyond peradventure of doubt . . . .”
• “[W]e lack the power to inquire into, or address, ... the fact-based question of what the evidence does (or does not) show concerning whether the [defendants’] actions violated the asserted right....”

Source: CourtListener parenthetical corpus (CC0).