issue of whether qualified immunity (California) · Go Syfert
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issue of whether qualified immunity in California

5 California opinions name it 1 courts 2007–2015 0 in the last five years

The cases below were cited by California 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 (3)

CaseFollowedCited
Wood v. Emmersongreen
calctapp · 2007 · cited in 4 California opinions naming this issue, 2014–2015
2 sentences

2015Standard of Review “The issue of whether qualified immunity exists is ultimately one of law for the trial court. [Citation.] Disputes of historical fact relevant to the issue, however, must be decided by a jury. [Citations.]” (Wood v. Emmerson (2007) 155 Cal.App.4th 1506, 1515 .) 3.

2015Standard of Review “The issue of whether qualified immunity exists is ultimately one of law for the trial court. [Citation.] Disputes of historical fact relevant to the issue, however, must be 90 decided by a jury. [Citations.]” (Wood v. Emmerson (2007) 155 Cal.App.4th 1506, 1515 .) 3.

14
Donald Saucier v. Elliot M. Katz and in Defense of Animalsred
scotus · 2001 · cited in 1 California opinions naming this issue, 2014–2014
1 sentence

2014This inquiry, it is vital to note, must be undertaken in light of the specific context of the case, not as a broad, general proposition . . . .’ [Citation.]” (Mendoza v. City of West Covina (2012) 206 Cal.App.4th 702, 711 , fn. omitted; see Tolan v. Cotton (2014) ___ U.S. ___, ___ [ 134 S.Ct. 1861, 1865-1866 , 188 L.Ed.2d 895 ].)8 “The issue of whether qualified immunity exists is ultimately one of law for the trial court. [Citation.] Disputes of historical fact relevant to the issue, however, must be decided by a jury.” (Wood v. Emmerson (2007) 155 Cal.App.4th 1506, 1515 .) Considering “the s

11
Tolan v. Cottongreen
scotus · 2014 · cited in 1 California opinions naming this issue, 2014–2014
2 sentences

2014This inquiry, it is vital to note, must be undertaken in light of the specific context of the case, not as a broad, general proposition . . . .’ [Citation.]” (Mendoza v. City of West Covina (2012) 206 Cal.App.4th 702, 711 , fn. omitted; see Tolan v. Cotton (2014) ___ U.S. ___, ___ [ 134 S.Ct. 1861, 1865-1866 , 188 L.Ed.2d 895 ].)8 “The issue of whether qualified immunity exists is ultimately one of law for the trial court. [Citation.] Disputes of historical fact relevant to the issue, however, must be decided by a jury.” (Wood v. Emmerson (2007) 155 Cal.App.4th 1506, 1515 .) Considering “the s

2014This inquiry, it is vital to note, must be undertaken in light of the specific context of the case, not as a broad, general proposition . . . .’ [Citation.]” (Mendoza v. City of West Covina (2012) 206 Cal.App.4th 702, 711 , fn. omitted; see Tolan v. Cotton (2014) ___ U.S. ___, ___ [ 134 S.Ct. 1861, 1865-1866 , 188 L.Ed.2d 895 ].)8 “The issue of whether qualified immunity exists is ultimately one of law for the trial court. [Citation.] Disputes of historical fact relevant to the issue, however, must be decided by a jury.” (Wood v. Emmerson (2007) 155 Cal.App.4th 1506, 1515 .) Considering “the s

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (3)

CaseCitedYears
Mendoza v. City of West Covina green
calctapp · 2012
1 sentence

2014This inquiry, it is vital to note, must be undertaken in light of the specific context of the case, not as a broad, general proposition . . . .’ [Citation.]” (Mendoza v. City of West Covina (2012) 206 Cal.App.4th 702, 711 , fn. omitted; see Tolan v. Cotton (2014) ___ U.S. ___, ___ [ 134 S.Ct. 1861, 1865-1866 , 188 L.Ed.2d 895 ].)8 “The issue of whether qualified immunity exists is ultimately one of law for the trial court. [Citation.] Disputes of historical fact relevant to the issue, however, must be decided by a jury.” (Wood v. Emmerson (2007) 155 Cal.App.4th 1506, 1515 .) Considering “the s

12014–2014
Patricia Finnegan v. Richard Fountain green
ca2 · 1990
1 sentence

2007(Finnegan v. Fountain (2d Cir. 1990) 915 F.2d 817, 821 .) Disputes of historical fact relevant to the issue, however, must be decided by a jury.

12007–2007
Harman v. Pollock green
ca10 · 2006
1 sentence

2007(Malley v. Briggs, supra, 475 U.S. at pp. 344-346.) As the court stated in Malley : “Only where the warrant application is so lacking in indicia of probable cause as to render official belief in its existence unreasonable [citation] will the shield of immunity be lost.” (Id. at pp. 344-345.) “Thus, qualified immunity leaves ‘ample room for mistaken judgments,’ [citation] and protects ‘all but the plainly incompetent or those who knowingly violate the law.’ [Citation.]” (Harman v. Pollock (10th Cir. 2006) 446 F.3d 1069, 1077 .) The issue of whether qualified immunity exists is ultimately one of

12007–2007

Statutes the citing opinions construe

CA § Cal. Civil Code § 52.4 (3) CA § Cal. Evidence Code § 1045 (3) CA § Cal. Evidence Code § 1520 (3) CA § Cal. Evidence Code § 1521 (3) CA § Cal. Evidence Code § 250 (3) CA § Cal. Evidence Code § 352 (3) CA § Cal. Evidence Code § 402 (3) CA § Cal. Evidence Code § 776 (3) CA § Cal. Evidence Code § 780 (3) CA § Cal. Evidence Code § 805 (3) CA § Cal. Penal Code § 832.7 (3) CA § Cal. Welfare and Institutions Code § 1766.5 (3)

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.

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