· 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 CourtListenerSourced 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.