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Second Circuit· 7/20/2007

Zellner v. Summerlin

Citations

  • 494 F.3d 344
  • 2007 U.S. App. LEXIS 17272
  • 2007 WL 2067932

How courts have described this case

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

  • holding that no arguable probable cause existed because there was no evidence in the record that any order to disperse had been given in the plaintiff's vicinity before he was arrested
  • holding that disputes of fact about whether plaintiff attempted physically to block traffic at protest site precluded defendants’ post-trial motion that they were entitled to qualified immunity
  • noting that \the right not to be arrested without probable cause was clearly established at the time of the incident in question\
  • noting that, in ruling on a Rule 50 motion, courts “must bear in mind that the jury is free to believe part and disbelieve part of any witness’s testimony”
  • explaining that when material facts pertaining to immunity are in dispute, the appropriate procedure is to allow the jury to resolve any disputed facts that are material to the qualified immunity issue
  • describing that officers will be entitled to qualified immunity if it was “objectively reasonable for them to believe their acts did not violate” the plaintiff’s rights

Source: CourtListener parenthetical corpus (CC0).

Judges: Kearse, Cabranes, Katzmann

Read full opinion on CourtListener

Cited by

175 cases in this archive cite this case; the 20 most cited are listed.

Cites

50 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases named Zellner v. Summerlin

1 other CourtListener record shares this case name.

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.