Topic: creates a presumption that the defendant is immune from sui… · Go Syfert
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Topic #10004

7 canonical passages across 6 cases, quoted by 37 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from Smart v. City of Wichita.

#Case FlagCanonical passage Citers
1 Smart v. City of Wichita Anchor
ca10 · 2020
green “creates a presumption that the defendant is immune from suit.” 9
2 Smart v. City of Wichita
ca10 · 2020
green “when a 1983 defendant asserts qualified immunity, this affirmative defense 'creates a presumption that the defendant is immune from suit.” 7
3 Sawyers v. Norton
ca10 · 2020
green “and that the movant is entitled to judgment as a matter of law.” 5
4 Emmett v. Armstrong
ca10 · 2020
green “accepting the version of the facts portrayed in the video, but only to the extent that it 'blatantly contradicts' plaintiff's version of events,” 5
5 Reavis v. Frost
ca10 · 2020
green “the salient question is whether the state of the law at the time of an incident provided 'fair warning' to the defendants that their alleged conduct was unconstitutional.” 4
6 Irizarry v. Yehia
ca10 · 2022
green “may raise a defense of qualified immunity.” 4
7 Roska v. Sneddon
ca10 · 2006
green “thus, at summary judgment, the court must grant qualified immunity unless the plaintiff can show (1) a reasonable jury could find facts supporting a violation of a constitutional right, which (2) was clearly established at the time of the defendant's conduct.” 3

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

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