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· 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 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.