§Why CasetextPricing

Bailey et al v. City of Miami Beach et al

RESPONSE in Opposition re Defendant's MOTION for Partial Summary Judgment , Statement of Undisputed Facts, and Memorandum of Law

22 Cited authorities

  1. Saucier v. Katz

    533 U.S. 194 (2001)   Cited 20,248 times   9 Legal Analyses
    Holding when a defendant seeks qualified immunity, "a ruling on that issue should be made early in the proceedings so that the costs and expenses of trial are avoided where the defense is dispositive."

  2. Reeves v. Sanderson Plumbing Prods., Inc.

    530 U.S. 133 (2000)   Cited 21,083 times   22 Legal Analyses
    Holding that, since the 58-year-old plaintiff was fired by his 60-year-old employer, there was an inference that "age discrimination was not the motive"

  3. Devenpeck v. Alford

    543 U.S. 146 (2004)   Cited 2,897 times   13 Legal Analyses
    Holding that probable cause need not be for an "offense actually invoked at the time of arrest"

  4. Ybarra v. Illinois

    444 U.S. 85 (1979)   Cited 1,947 times   13 Legal Analyses
    Holding that a search warrant for a tavern and its bartender did not permit body searches of all the bar's patrons

  5. Clark v. Coats Clark, Inc.

    929 F.2d 604 (11th Cir. 1991)   Cited 3,832 times
    Holding that Celotex did not change the rule that the movant bore the initial burden, and stating, "Even after Celotex it is never enough simply to state that the non-moving party cannot meet its burden at trial"

  6. Lee v. Ferraro

    284 F.3d 1188 (11th Cir. 2002)   Cited 2,092 times
    Holding that an officer's use of force after the plaintiff was "arrested, handcuffed, and completely secure, and after any danger to the arresting officer as well as any risk of flight had passed" was excessive

  7. Skop v. City of Atlanta

    485 F.3d 1130 (11th Cir. 2007)   Cited 1,161 times
    Holding that binding precedent clearly established an arrest made without arguable probable cause violates the Fourth Amendment

  8. Burton v. City of Belle Glade

    178 F.3d 1175 (11th Cir. 1999)   Cited 758 times
    Holding the District Court may enter summary judgment sua sponte where the claims involve a common factual question

  9. Jones v. Cannon

    174 F.3d 1271 (11th Cir. 1999)   Cited 726 times
    Holding that a grand jury indictment insulated police officers from damages accruing after, but not before, the indictment

  10. Rankin v. Evans

    133 F.3d 1425 (11th Cir. 1998)   Cited 461 times
    Holding that an officer can rely on a victim's criminal complaint as support for probable cause

  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 328,543 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  12. Section 843.02 - Resisting officer without violence to his or her person

    Fla. Stat. § 843.02   Cited 552 times   1 Legal Analyses
    Resisting officer without violence to his or her person

  13. Section 777.03 - Accessory after the fact

    Fla. Stat. § 777.03   Cited 66 times

    (1) (a) Any person not standing in the relation of husband or wife, parent or grandparent, child or grandchild, brother or sister, by consanguinity or affinity to the offender, who maintains or assists the principal or an accessory before the fact, or gives the offender any other aid, knowing that the offender had committed a crime and such crime was a third degree felony, or had been an accessory thereto before the fact, with the intent that the offender avoids or escapes detection, arrest, trial

  14. Section 843.12 - Aiding escape

    Fla. Stat. § 843.12   Cited 16 times
    Aiding escape