Topic: a plaintiff who seeks damages for violation of constitution… · Go Syfert
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Topic #1792

2 canonical passages across 2 cases, quoted by 16 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 Davis v. Scherer.

#Case FlagCanonical passage Citers
1 Davis v. Scherer Anchor
scotus · 1984
green “a plaintiff who seeks damages for violation of constitutional or statutory rights may overcome the defendant official's qualified immunity only by showing that those rights were clearly established at the time of the conduct at issue.” 10
2 Sherwood v. Mulvihill
ca3 · 1997
green “where a defendant asserts a qualified immunity defense in a motion for summary judgment, the plaintiff bears the initial burden of showing that the defendant's conduct violated some clearly established statutory or constitutional right.” 6

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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