· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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