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· 8/26/2014

Thomas v. Kaven

Citations

  • 765 F.3d 1183
  • 2014 U.S. App. LEXIS 16429
  • 2014 WL 4197348

How courts have described this case

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

  • recognizing that, “at the motion to dismiss stage, it is the defendant’s conduct as alleged in the complaint that is scrutinized for objective legal reasonableness”
  • noting that qualified immunity applies on motions to dismiss
  • “Asserting a qualified immunity defense via a Rule 12(b)(6) motion, however, subjects the defendant to a more challenging standard of review than would apply on summary judgment.” (quotations omitted)
  • stating, “[a]sserting a qualified immunity defense via a Rule 12(b)(6) motion . . . subjects the defendant to a more challenging standard of review than would apply on summary judgment.”
  • evaluating availability of absolute immunity based on the allegations in the complaint
  • “Absolute immunity extends only so far as is necessary to protect the judicial process.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Tymkovich, Ebel, Phillips

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.