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Cherry et al v. Clark County School District et al

RESPONSE to 95 MOTION for Summary Judgment

31 Cited authorities

  1. Anderson v. Liberty Lobby, Inc.

    477 U.S. 242 (1986)   Cited 236,210 times   38 Legal Analyses
    Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"

  2. Scheuer v. Rhodes

    416 U.S. 232 (1974)   Cited 22,286 times   3 Legal Analyses
    Holding that executive branch officers had qualified immunity

  3. Hafer v. Melo

    502 U.S. 21 (1991)   Cited 7,422 times   2 Legal Analyses
    Holding that state officials may be sued under § 1983 in their personal capacity for damages caused by actions taken by them in their official capacities

  4. Berkovitz v. United States

    486 U.S. 531 (1988)   Cited 2,036 times   1 Legal Analyses
    Holding that there is no choice to be protected by the discretionary function exception when a "federal statute, regulation, or policy specifically prescribes a course of action for an employee to follow"

  5. Wood v. Safeway

    121 Nev. 724 (Nev. 2005)   Cited 1,262 times
    Holding that a summary judgment is reviewed de novo

  6. Davis v. City of Las Vegas

    478 F.3d 1048 (9th Cir. 2007)   Cited 328 times
    Holding that slamming a handcuffed suspect's head into a wall for trespassing and obstructing a police officer was excessive

  7. Aydin Corp. v. Loral Corp.

    718 F.2d 897 (9th Cir. 1983)   Cited 651 times
    Holding that a single action is sufficient to invoke the sham exception

  8. Miranda B. v. Kitzhaber

    328 F.3d 1181 (9th Cir. 2003)   Cited 259 times
    Holding that the denial of a defense to suit based on a statutory bar to relief under § 1983 is not immediately appealable under the collateral order doctrine

  9. Martinez v. Maruszczak

    123 Nev. 433 (Nev. 2007)   Cited 201 times
    Holding that discretionary immunity applies if the officer's decision " involve[d] an element of individual judgment or choice and [was] based on considerations of social, economic, or political policy"

  10. Pope v. Motel 6

    121 Nev. 307 (Nev. 2005)   Cited 186 times
    Holding that actual malice may be "proven by demonstrating that a statement is published . . . with reckless disregard for its veracity"

  11. Section 1400 - Short title; findings; purposes

    20 U.S.C. § 1400   Cited 6,522 times   12 Legal Analyses
    Finding of Congress that "the education of children with disabilities can be made more effective by ... ensuring that families ... have meaningful opportunities to participate"

  12. Section 1232g - Family educational and privacy rights

    20 U.S.C. § 1232g   Cited 1,217 times   55 Legal Analyses
    Prohibiting release of educational records without consent

  13. Section 300.610 - Confidentiality

    34 C.F.R. § 300.610   Cited 4 times

    The Secretary takes appropriate action, in accordance with section 444 of GEPA, to ensure the protection of the confidentiality of any personally identifiable data, information, and records collected or maintained by the Secretary and by SEAs and LEAs pursuant to Part B of the Act, and consistent with §§ 300.611 through 300.627 . 34 C.F.R. §300.610 Authority: 20 U.S.C. 1417(c)