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· 4/22/2008

York v. City of Las Cruces

Citations

  • 523 F.3d 1205
  • 2008 U.S. App. LEXIS 8713
  • 2008 WL 1795062

How courts have described this case

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

  • noting that a “court should not adopt” a version of the facts when “blatantly contradicted by the record” (quoting Scott v. Harris, 550 U.S. 372, 380 (2007))
  • reporting that clearly established law \does not mean that there must be a published case involving identical facts; otherwise we would be required to find qualified immunity wherever we have a new fact pattern\ (internal quotation marks omitted)
  • explaining that clearly established law “does not mean that there must be a published case involving identical facts; otherwise we would be required to find qualified immunity whenever we have a new fact pattern” (quotations omitted)
  • “[W]hen opposing parties tell two different stories, one of which is blatantly contradicted by the record, so that no reasonable jury could believe it, a court should not adopt that version of the facts[.]”
  • blatant-contradiction exception inapplicable where audio recording captured “only part of the incident”
  • “As with any motion for summary judgment, ‘[w]hen opposing parties tell two different stories, one of which is blatantly contradicted by the record, so that no reasonable jury could believe it, a court should not adopt that version of the facts[.]’” (alterations in original

Source: CourtListener parenthetical corpus (CC0).

Judges: Kelly, McKay, Anderson

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.