objective reasonableness standard (Colorado) · Go Syfert
← Colorado issues

objective reasonableness standard in Colorado

8 Colorado opinions name it 2 courts 1990–2012 0 in the last five years

The cases below were cited by Colorado courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (13)

CaseFollowedCited
Malley v. Briggsgreen
scotus · 1986 · cited in 4 Colorado opinions naming this issue, 1990–1998
2 sentences

1998City of Lakewood v. Brace, supra; see also Anderson v. Creighton, 483 U.S. 635, 640 , 107 S.Ct. 3034, 3039 , 97 L.Ed.2d 523, 531 (1987) (“The contours of the right must be sufficiently clear that a reasonable official would understand that what he is doing violates that right.”); Molley v. Briggs, 475 U.S. 335, 341 , 106 S.Ct. 1092, 1096 , 89 L.Ed.2d 271, 278 (1986) (the objective reasonableness standard “provides ample protection to all but the plainly incompetent or those who knowingly violate the law”).

1998City of Lakewood v. Brace, supra; see also Anderson v. Creighton, 483 U.S. 635, 640 , 107 S.Ct. 3034, 3039 , 97 L.Ed.2d 523, 531 (1987) (“The contours of the right must be sufficiently clear that a reasonable official would understand that what he is doing violates that right.”); Molley v. Briggs, 475 U.S. 335, 341 , 106 S.Ct. 1092, 1096 , 89 L.Ed.2d 271, 278 (1986) (the objective reasonableness standard “provides ample protection to all but the plainly incompetent or those who knowingly violate the law”).

34
Anderson v. Creightongreen
scotus · 1987 · cited in 3 Colorado opinions naming this issue, 1996–1998
2 sentences

1998City of Lakewood v. Brace, supra; see also Anderson v. Creighton, 483 U.S. 635, 640 , 107 S.Ct. 3034, 3039 , 97 L.Ed.2d 523, 531 (1987) (“The contours of the right must be sufficiently clear that a reasonable official would understand that what he is doing violates that right.”); Molley v. Briggs, 475 U.S. 335, 341 , 106 S.Ct. 1092, 1096 , 89 L.Ed.2d 271, 278 (1986) (the objective reasonableness standard “provides ample protection to all but the plainly incompetent or those who knowingly violate the law”).

1998City of Lakewood v. Brace, supra; see also Anderson v. Creighton, 483 U.S. 635, 640 , 107 S.Ct. 3034, 3039 , 97 L.Ed.2d 523, 531 (1987) (“The contours of the right must be sufficiently clear that a reasonable official would understand that what he is doing violates that right.”); Molley v. Briggs, 475 U.S. 335, 341 , 106 S.Ct. 1092, 1096 , 89 L.Ed.2d 271, 278 (1986) (the objective reasonableness standard “provides ample protection to all but the plainly incompetent or those who knowingly violate the law”).

33
People v. Dumasgreen
colo · 1998 · cited in 2 Colorado opinions naming this issue, 2000–2010
2 sentences

2010We have observed that "the trial court's factual determinations will be upheld on appeal unless they are clearly erroneous." People v. Dumas, 955 P.2d 60, 62-63 (Colo.1998).

2000See, e.g., People v. Daverin, 967 P.2d 629, 632 (Colo.1998); People v. Dumas, 955 P.2d 60, 63 (Colo.1998); People v. Altman, 938 P.2d 142, 146 (Colo.1997); People v. Hauseman, 900 P.2d 74, 78 (Colo.1995); People v. Weston, 869 P.2d 1293, 1298 (Colo.1994); People v. Ratcliff, 778 P.2d 1371, 1376 (Colo.1989).

22
In Re Truppgreen
colo · 2004 · cited in 1 Colorado opinions naming this issue, 2012–2012
1 sentence

2012Rule 11(a) provides that a sanction is to be imposed "[ilf a pleading is signed in violation of this Rule." C.R.C.P. 11(a). ¶ 13 In In re Trupp, 92 P.3d 923, 930 (Colo.2004) (Trupp II), the supreme court observed that the "Rule 11 inquiry focuses on pre-filing, pre-pleading behavior of the attorney, in light of an objective reasonableness standard." The inquiry "is not as broad as the current, amended counterpart federal rule," Trupp I, 51 P.8d at 990, which specifically encompasses attorney action taken after the signing and filing of a pleading.

11
Florida v. Jimenogreen
scotus · 1991 · cited in 1 Colorado opinions naming this issue, 2010–2010
2 sentences

2010See Florida v. Jimeno, 500 U.S. 248, 251 , 111 S.Ct. 1801 , 114 L.Ed.2d 297 (1991) (defining the objective reasonableness standard); United States v. Rich, 992 F.2d 502, 504 (5th Cir.1993) (summarizing the difference between clear error and de novo review); People v. Olivas, 859 P.2d 211, 214 (Colo.1993) (mixing objective reasonableness review for seope of consent with a clear error review according to the totality of the cireumstances for facts).

2010See Florida v. Jimeno, 500 U.S. 248, 251 , 111 S.Ct. 1801 , 114 L.Ed.2d 297 (1991) (defining the objective reasonableness standard); United States v. Rich, 992 F.2d 502, 504 (5th Cir.1993) (summarizing the difference between clear error and de novo review); People v. Olivas, 859 P.2d 211, 214 (Colo.1993) (mixing objective reasonableness review for seope of consent with a clear error review according to the totality of the cireumstances for facts).

11
United States v. William Robert Richgreen
ca5 · 1993 · cited in 1 Colorado opinions naming this issue, 2010–2010
1 sentence

2010See Florida v. Jimeno, 500 U.S. 248, 251 , 111 S.Ct. 1801 , 114 L.Ed.2d 297 (1991) (defining the objective reasonableness standard); United States v. Rich, 992 F.2d 502, 504 (5th Cir.1993) (summarizing the difference between clear error and de novo review); People v. Olivas, 859 P.2d 211, 214 (Colo.1993) (mixing objective reasonableness review for seope of consent with a clear error review according to the totality of the cireumstances for facts).

11
People v. Olivasgreen
colo · 1993 · cited in 1 Colorado opinions naming this issue, 2010–2010
1 sentence

2010See Florida v. Jimeno, 500 U.S. 248, 251 , 111 S.Ct. 1801 , 114 L.Ed.2d 297 (1991) (defining the objective reasonableness standard); United States v. Rich, 992 F.2d 502, 504 (5th Cir.1993) (summarizing the difference between clear error and de novo review); People v. Olivas, 859 P.2d 211, 214 (Colo.1993) (mixing objective reasonableness review for seope of consent with a clear error review according to the totality of the cireumstances for facts).

11
People v. Truppgreen
colo · 2002 · cited in 1 Colorado opinions naming this issue, 2004–2004
1 sentence

2004Trupp I, 51 P.3d 985, 991 (Colo.2002).

11
People v. Hausemangreen
colo · 1995 · cited in 1 Colorado opinions naming this issue, 2000–2000
1 sentence

2000See, e.g., People v. Daverin, 967 P.2d 629, 632 (Colo.1998); People v. Dumas, 955 P.2d 60, 63 (Colo.1998); People v. Altman, 938 P.2d 142, 146 (Colo.1997); People v. Hauseman, 900 P.2d 74, 78 (Colo.1995); People v. Weston, 869 P.2d 1293, 1298 (Colo.1994); People v. Ratcliff, 778 P.2d 1371, 1376 (Colo.1989).

11
People v. Westongreen
colo · 1994 · cited in 1 Colorado opinions naming this issue, 2000–2000
1 sentence

2000See, e.g., People v. Daverin, 967 P.2d 629, 632 (Colo.1998); People v. Dumas, 955 P.2d 60, 63 (Colo.1998); People v. Altman, 938 P.2d 142, 146 (Colo.1997); People v. Hauseman, 900 P.2d 74, 78 (Colo.1995); People v. Weston, 869 P.2d 1293, 1298 (Colo.1994); People v. Ratcliff, 778 P.2d 1371, 1376 (Colo.1989).

11
People v. Altmangreen
colo · 1997 · cited in 1 Colorado opinions naming this issue, 2000–2000
1 sentence

2000See, e.g., People v. Daverin, 967 P.2d 629, 632 (Colo.1998); People v. Dumas, 955 P.2d 60, 63 (Colo.1998); People v. Altman, 938 P.2d 142, 146 (Colo.1997); People v. Hauseman, 900 P.2d 74, 78 (Colo.1995); People v. Weston, 869 P.2d 1293, 1298 (Colo.1994); People v. Ratcliff, 778 P.2d 1371, 1376 (Colo.1989).

11
People v. Daveringreen
colo · 1998 · cited in 1 Colorado opinions naming this issue, 2000–2000
1 sentence

2000See, e.g., People v. Daverin, 967 P.2d 629, 632 (Colo.1998); People v. Dumas, 955 P.2d 60, 63 (Colo.1998); People v. Altman, 938 P.2d 142, 146 (Colo.1997); People v. Hauseman, 900 P.2d 74, 78 (Colo.1995); People v. Weston, 869 P.2d 1293, 1298 (Colo.1994); People v. Ratcliff, 778 P.2d 1371, 1376 (Colo.1989).

11
People v. Ratcliffgreen
colo · 1989 · cited in 1 Colorado opinions naming this issue, 2000–2000
1 sentence

2000See, e.g., People v. Daverin, 967 P.2d 629, 632 (Colo.1998); People v. Dumas, 955 P.2d 60, 63 (Colo.1998); People v. Altman, 938 P.2d 142, 146 (Colo.1997); People v. Hauseman, 900 P.2d 74, 78 (Colo.1995); People v. Weston, 869 P.2d 1293, 1298 (Colo.1994); People v. Ratcliff, 778 P.2d 1371, 1376 (Colo.1989).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Colorado. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
City of Lakewood v. Brace green
colo · 1996
2 sentences

1998City of Lakewood v. Brace, supra; see also Anderson v. Creighton, 483 U.S. 635, 640 , 107 S.Ct. 3034, 3039 , 97 L.Ed.2d 523, 531 (1987) (“The contours of the right must be sufficiently clear that a reasonable official would understand that what he is doing violates that right.”); Molley v. Briggs, 475 U.S. 335, 341 , 106 S.Ct. 1092, 1096 , 89 L.Ed.2d 271, 278 (1986) (the objective reasonableness standard “provides ample protection to all but the plainly incompetent or those who knowingly violate the law”).

1996City of Lakewood v. Brace, supra; National Camera, Inc. v. Sanchez, 832 P.2d 960 (Colo.App.1991); see also Anderson v. Creighton, supra, 483 U.S. at 640 , 107 S.Ct. at 3038 , 97 L.Ed.2d at 531 (“The contours of the right must be sufficiently clear that a reasonable official would understand that what he is doing violates that right.”); Malley v. Briggs, 475 U.S. 335, 341 , 106 S.Ct. 1092, 1096 , 89 L.Ed.2d 271, 278 (1986) (the objective reasonableness standard “provides ample protection to all but the plainly incompetent or those who knowingly violate the law”).

31996–1998
National Camera, Inc. v. Sanchez green
coloctapp · 1991
2 sentences

1996City of Lakewood v. Brace, supra; National Camera, Inc. v. Sanchez, 832 P.2d 960 (Colo.App.1991); see also Anderson v. Creighton, supra, 483 U.S. at 640 , 107 S.Ct. at 3038 , 97 L.Ed.2d at 531 (“The contours of the right must be sufficiently clear that a reasonable official would understand that what he is doing violates that right.”); Malley v. Briggs, 475 U.S. 335, 341 , 106 S.Ct. 1092, 1096 , 89 L.Ed.2d 271, 278 (1986) (the objective reasonableness standard “provides ample protection to all but the plainly incompetent or those who knowingly violate the law”).

1996City of Lakewood v. Brace, supra ; National Camera, Inc. v. Sanchez, 832 P.2d 960 (Colo.App.1991); see also Anderson v. Creighton, supra, 483 U.S. at 640 , 107 S.Ct. at 3038 , 97 L.Ed.2d at 531 ("The contours of the right must be sufficiently clear that a reasonable official would understand that what he is doing violates that right."); Malley v. Briggs, 475 U.S. 335, 341 , 106 S.Ct. 1092, 1096 , 89 L.Ed.2d 271, 278 (1986) (the objective reasonableness standard "provides ample protection to all but the plainly incompetent or those who knowingly violate the law").

21996–1996
Moody v. Ungerer green
colo · 1994
2 sentences

1996What is “clearly established law” is a question of law, and a court engaging in review of a qualified immunity determination should therefore use “its full knowledge of its own [and other relevant] precedents.” See Moody v. Ungerer, 885 P.2d 200 (Colo.1994) (fn.2).

1996What is "clearly established law" is a question of law, and a court engaging in review of a qualified immunity determination should therefore use "its full knowledge of its own [and other relevant] precedents." See Moody v. Ungerer, 885 P.2d 200 (Colo.1994) (fn.2).

21996–1996
Harlow v. Fitzgerald green
scotus · 1982
2 sentences

1990In Malley v. Briggs, 475 U.S. 335 , 106 S.Ct. 1092 , 89 L.Ed.2d 271 (1986), the United States Supreme Court re-confirmed that police officers are to be accorded qualified immunity from § 1983 damage suits brought by citizens and that the test to be applied is the objective reasonableness standard adopted in Harlow v. Fitzgerald, 457 U.S. 800 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982).

1990In Malley v. Briggs, 475 U.S. 335 , 106 S.Ct. 1092 , 89 L.Ed.2d 271 (1986), the United States Supreme Court re-confirmed that police officers are to be accorded qualified immunity from § 1983 damage suits brought by citizens and that the test to be applied is the objective reasonableness standard adopted in Harlow v. Fitzgerald, 457 U.S. 800 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982).

11990–1990

Statutes the citing opinions construe

USC § 42u.s.c.1983 (4)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

CA 34 (1996–2026) NJ 31 (1988–2026) OH 22 (1990–2026) TX 14 (1992–2024) MD 13 (1998–2022) NY 12 (1992–2025) KS 11 (1997–2024) NM 11 (1995–2025) WA 9 (2000–2026) VA 8 (2010–2025) CO 8 (1990–2012) MI 7 (1993–2026) IA 7 (2008–2022) GA 6 (1993–2026) ID 6 (1991–2025) IN 6 (1975–2020) CT 6 (1992–2010) LA 6 (1994–2016) OR 6 (2005–2024) FL 6 (1997–2018) AZ 5 (2012–2022) TN 5 (1998–2004) IL 5 (2011–2026) SD 5 (1990–2000) UT 5 (2006–2020) MA 5 (1987–2021) NC 4 (1991–2025) OK 4 (2002–2010) WV 4 (1993–2021) ME 4 (2006–2026) NV 3 (2015–2015) DC 3 (1994–2022) WI 2 (2018–2026) MT 2 (1992–2015) VT 2 (2010–2010) PA 2 (1990–2017) RI 2 (2020–2020)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

← Caselaw search · G Cite Topics · Brief Check