Tri-City Electric Service Co. v. Surprise

How courts have described this case

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

• holding the defendants waived qualified immunity defense by “never articulat[ing] a qualified immunity defense distinct from their contention—the heart of their defense throughout these proceedings—that no constitutional violation occurred.”
• affirming that party waived qualified immunity defense at trial where the party \never articulated a qualified immunity defense distinct from their contention-the heart of their defense throughout these proceedings-that no constitutional violation occurred.\
• affirming a compensatory damages award to the plaintiff whom prison guards struck with a baton, punched, and slapped, causing him to fall unconscious
• \Appellants never articulated a qualified immunity defense distinct from their contention — the heart of their defense throughout these proceedings — that no constitutional violation occurred.\
• “Where summary judgment is inappropriate, ... the defense of qualified immunity may be presented to the jury or may be decided by the court in a motion for judgment as a matter of law.”
• where defendants raised qualified immunity in their answer but qualified immunity was not the subject of any pretrial motions, discovery, or pretrial discussions with the court, the defense was waived

Source: CourtListener parenthetical corpus (CC0).