7 Colorado opinions name it 2 courts 1990–2002 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.
| Case | Followed | Cited |
|---|---|---|
County of Sacramento v. Lewisgreen1 sentence2002See County of Sacramento v. Lewis, 528 U.S. 883 , 118 S.Ct. 1708 , 140 LEd.2d 1048 (1998)(noting that when the defense of qualified immunity is raised, the court should first determine whether the plaintiff has alleged a deprivation of a constitutional right at all). *716 To prevail on a claim under § 1983, plaintiffs must show that the county, under color of state law, deprived them of a right secured by the constitution or the laws of the United States. | 1 | 1 |
Woods v. United States District Court for the Eastern District of Kentuckygreen1 sentence2002See County of Sacramento v. Lewis, 528 U.S. 883 , 118 S.Ct. 1708 , 140 LEd.2d 1048 (1998)(noting that when the defense of qualified immunity is raised, the court should first determine whether the plaintiff has alleged a deprivation of a constitutional right at all). *716 To prevail on a claim under § 1983, plaintiffs must show that the county, under color of state law, deprived them of a right secured by the constitution or the laws of the United States. | 1 | 1 |
Robert Biggs v. William C. Meadows Nurse Cartwright Superintendent Barnes Mr. Weeksgreen1 sentence2000See Defendant’s Answer, Tenth Affirmative Defense; see also Biggs v. Meadows, 66 F.3d 56 (4th Cir.1995) (because qualified immunity is available only in a personal capacity suit, the assertion of that defense indicates that the defendant interpreted the plaintiffs action as being against him personally). | 1 | 1 |
Johnson v. Fankellgreen2 sentences1998See City of Lakewood v. Brace, 919 P.2d 231 (Colo.1996) (defendant in § 1983 case may bring interlocutory appeal of denial of summary judgment based on qualified immunity so long as denial was based on question of law); see also Furlong v. Gardner, 956 P.2d 545 (Colo.1998)(reaffirming earlier holding in Brace , despite holding in Johnson v. Fankell, 520 U.S. 911 , 117 S.Ct. 1800 , 138 L.Ed.2d 108 (1997) that a defendant in a state court § 1983 case did not have a federal right to an *994 interlocutory appeal from a denial of qualified immunity). 1998See City of Lakewood v. Brace, 919 P.2d 231 (Colo.1996) (defendant in § 1983 case may bring interlocutory appeal of denial of summary judgment based on qualified immunity so long as denial was based on question of law); see also Furlong v. Gardner, 956 P.2d 545 (Colo.1998)(reaffirming earlier holding in Brace , despite holding in Johnson v. Fankell, 520 U.S. 911 , 117 S.Ct. 1800 , 138 L.Ed.2d 108 (1997) that a defendant in a state court § 1983 case did not have a federal right to an *994 interlocutory appeal from a denial of qualified immunity). | 1 | 1 |
Furlong v. Gardnergreen1 sentence1998See City of Lakewood v. Brace, 919 P.2d 231 (Colo.1996) (defendant in § 1983 case may bring interlocutory appeal of denial of summary judgment based on qualified immunity so long as denial was based on question of law); see also Furlong v. Gardner, 956 P.2d 545 (Colo.1998)(reaffirming earlier holding in Brace , despite holding in Johnson v. Fankell, 520 U.S. 911 , 117 S.Ct. 1800 , 138 L.Ed.2d 108 (1997) that a defendant in a state court § 1983 case did not have a federal right to an *994 interlocutory appeal from a denial of qualified immunity). | 1 | 1 |
City of Lakewood v. Bracegreen1 sentence1998See City of Lakewood v. Brace, 919 P.2d 231 (Colo.1996) (defendant in § 1983 case may bring interlocutory appeal of denial of summary judgment based on qualified immunity so long as denial was based on question of law); see also Furlong v. Gardner, 956 P.2d 545 (Colo.1998)(reaffirming earlier holding in Brace , despite holding in Johnson v. Fankell, 520 U.S. 911 , 117 S.Ct. 1800 , 138 L.Ed.2d 108 (1997) that a defendant in a state court § 1983 case did not have a federal right to an *994 interlocutory appeal from a denial of qualified immunity). | 1 | 1 |
Willie Sevier v. City Of Lawrencegreen1 sentence1996However, this exception does not allow an immediate appeal of a “district court’s summary judgment order insofar as that order determines whether or not the pretrial record sets forth a ‘genuine’ issue of fact for trial.” Johnson, [— U.S. at -] 115 S.Ct. at 2159 ; see Sevier v. City of Lawrence, 60 F.3d 695, 700 (10th Cir.1995). | 1 | 1 |
National Camera, Inc. v. Sanchezgreen1 sentence1994Moody v. Ungerer, 885 P.2d 200 (Colo.1994); see also National Camera, Inc. v. Sanchez, 832 P.2d 960 (Colo.App.1991). | 1 | 1 |
Trejo v. Wattlesgreen1 sentence1990See Trejo v. Wattles, 654 F.Supp. 1143 (D.Colo.1987) (officers’ use of force was justified and reasonable as a matter of law); and Garcia v. Wyckoff, 615 F.Supp. 217 (D.Colo.1985) (under balancing test in an excessive force case, seizure determined to be reasonable as a matter of law). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
Dale Walker v. Charles Rowe and David Sandahlgreen1 sentence1997But see Walker v. Rowe, 791 F.2d 507, 509 (7th Cir.) (holding that prison officials were not liable under § 1983 for acts and omissions which arguably increased the danger to which guards were exposed because the prisoners and not the prison officials injured the guards), cert. denied, 479 U.S. 994 , 107 S.Ct. 597 , 93 L.Ed.2d 597 (1986). [19] The Facility Defendants argue that they are entitled to assert the defense of qualified immunity. | 1 | 1 |
Harris v. Attorney General of Virginiagreen1 sentence1997But see Walker v. Rowe, 791 F.2d 507, 509 (7th Cir.) (holding that prison officials were not liable under § 1983 for acts and omissions which arguably increased the danger to which guards were exposed because the prisoners and not the prison officials injured the guards), cert. denied, 479 U.S. 994 , 107 S.Ct. 597 , 93 L.Ed.2d 597 (1986). [19] The Facility Defendants argue that they are entitled to assert the defense of qualified immunity. | 1 | 1 |
Bowen v. Peoplesgreen1 sentence1997But see Walker v. Rowe, 791 F.2d 507, 509 (7th Cir.) (holding that prison officials were not liable under § 1983 for acts and omissions which arguably increased the danger to which guards were exposed because the prisoners and not the prison officials injured the guards), cert. denied, 479 U.S. 994 , 107 S.Ct. 597 , 93 L.Ed.2d 597 (1986). [19] The Facility Defendants argue that they are entitled to assert the defense of qualified immunity. | 1 | 1 |
Washington v. United Statesgreen1 sentence1997But see Walker v. Rowe, 791 F.2d 507, 509 (7th Cir.) (holding that prison officials were not liable under § 1983 for acts and omissions which arguably increased the danger to which guards were exposed because the prisoners and not the prison officials injured the guards), cert. denied, 479 U.S. 994 , 107 S.Ct. 597 , 93 L.Ed.2d 597 (1986). [19] The Facility Defendants argue that they are entitled to assert the defense of qualified immunity. | 1 | 1 |
| Case | Cited | Years |
|---|---|---|
Mitchell v. Forsyth
green
2 sentences1996The Tenth Circuit Court of Appeals recently applied the Supreme Court’s holdings in Johnson and Mitchell in reviewing a district court’s summary judgment order and determining what part of the order was ap-pealable: One well recognized exception allows public officials asserting a defense of qualified immunity to appeal a district court’s denial of summary judgment on that defense if the issue on appeal is whether the constitutional right that was allegedly violated was “clearly established.” Mitchell v. Forsyth, 472 U.S. 511, 580 , 105 S.Ct. 2806, 2817 , 86 L.Ed.2d 411 (1985). 1996The Tenth Circuit Court of Appeals recently applied the Supreme Court’s holdings in Johnson and Mitchell in reviewing a district court’s summary judgment order and determining what part of the order was ap-pealable: One well recognized exception allows public officials asserting a defense of qualified immunity to appeal a district court’s denial of summary judgment on that defense if the issue on appeal is whether the constitutional right that was allegedly violated was “clearly established.” Mitchell v. Forsyth, 472 U.S. 511, 580 , 105 S.Ct. 2806, 2817 , 86 L.Ed.2d 411 (1985). | 1 | 1996–1996 |
Johnson v. Jones
green
1 sentence1996However, this exception does not allow an immediate appeal of a “district court’s summary judgment order insofar as that order determines whether or not the pretrial record sets forth a ‘genuine’ issue of fact for trial.” Johnson, [— U.S. at -] 115 S.Ct. at 2159 ; see Sevier v. City of Lawrence, 60 F.3d 695, 700 (10th Cir.1995). | 1 | 1996–1996 |
Moody v. Ungerer
green
1 sentence1994Moody v. Ungerer, 885 P.2d 200 (Colo.1994); see also National Camera, Inc. v. Sanchez, 832 P.2d 960 (Colo.App.1991). | 1 | 1994–1994 |
Garcia v. Wyckoff
green
1 sentence1990See Trejo v. Wattles, 654 F.Supp. 1143 (D.Colo.1987) (officers’ use of force was justified and reasonable as a matter of law); and Garcia v. Wyckoff, 615 F.Supp. 217 (D.Colo.1985) (under balancing test in an excessive force case, seizure determined to be reasonable as a matter of law). | 1 | 1990–1990 |
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.
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.