· 2/5/2014
T.S. Ex Rel. J.S. v. Doe
Citations
- 742 F.3d 632
- 2014 WL 443376
- 2014 U.S. App. LEXIS 2149
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- collecting cases showing that Supreme Court precedent has “emphatically reinforced the hands-off approach courts must apply”
- distinguishing federal and state immunity law regarding strip searches to grant (less restrictive) federal qualified immunity law on federal claims but deny state qualified immunity on state claims
- distinguishing federal and state immunity law regarding strip searches to grant (less restrictive) federal qualified immunity law on federal claims but deny state qualified immunity on state claims
- “If the plaintiff fails to establish either element, the defendant is immune from suit.”
- “the burden shifts to the plaintiff to demonstrate both that the challenged conduct violated a constitutional or statutory right, and that the right was so clearly established at the time of the conduct.”
- “Once the defendant raises a qualified-immunity defense, the burden shifts to the plaintiff.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Boggs, Donald, Stamp
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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