27 Cited authorities

Saucier v. Katz
533 U.S. 194 (2001) Cited 20,253 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."
Monell v. New York City Dept. of Social Services
436 U.S. 658 (1978) Cited 67,072 times 15 Legal Analyses
Holding that "local government . . . are 'persons'" for purposes of 42 U.S.C. § 1983
Connick v. Thompson
563 U.S. 51 (2011) Cited 7,030 times 3 Legal Analyses
Holding that not even "four reversals could . . . have put Connick on notice that the office's Brady training was inadequate"
Board of Comm'rs of Bryan County v. Brown
520 U.S. 397 (1997) Cited 12,178 times 2 Legal Analyses
Holding that a "high degree of predictability may also support an inference of causation—that the municipality's indifference led directly to the very consequence that was so predictable"
Canton v. Harris
489 U.S. 378 (1989) Cited 16,317 times 2 Legal Analyses
Holding that the city could be held liable for failing to train police officers in determining whether detainees needed medical care because of the likelihood that, absent proper training, the officers would default on their constitutional obligations
Oklahoma City v. Tuttle
471 U.S. 808 (1985) Cited 5,903 times
Holding that an unjustified shooting by a police officer cannot, without more, be thought to result from official policy
Fogarty v. Gallegos
523 F.3d 1147 (10th Cir. 2008) Cited 1,189 times
Holding that, if an officer "were ... present ... with an opportunity to prevent the excessive use of force, he would have had a duty to intervene"
Barney v. Pulsipher
143 F.3d 1299 (10th Cir. 1998) Cited 1,335 times
Holding that the court was "not persuaded that a plainly obvious consequence of a deficient training program would be the sexual assault of inmates'" and that "[s]pecific or extensive training hardly seems necessary for a jailer to know that sexually assaulting inmates is inappropriate behavior"
Bryson v. City of Oklahoma City
627 F.3d 784 (10th Cir. 2010) Cited 580 times
Holding that municipality's notice of constitutional violations that occurred after the misconduct alleged in plaintiff's case was irrelevant
Jenkins v. Wood
81 F.3d 988 (10th Cir. 1996) Cited 911 times
Holding that allegation against a group of defendants is too conclusory to establish personal participation on the part of any one of them
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 328,681 times 158 Legal Analyses
Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

Duran v. Koehler

27 Cited authorities

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."

Holding that "local government . . . are 'persons'" for purposes of 42 U.S.C. § 1983

Holding that not even "four reversals could . . . have put Connick on notice that the office's Brady training was inadequate"

Holding that a "high degree of predictability may also support an inference of causation—that the municipality's indifference led directly to the very consequence that was so predictable"

Holding that the city could be held liable for failing to train police officers in determining whether detainees needed medical care because of the likelihood that, absent proper training, the officers would default on their constitutional obligations

Holding that an unjustified shooting by a police officer cannot, without more, be thought to result from official policy

Holding that, if an officer "were ... present ... with an opportunity to prevent the excessive use of force, he would have had a duty to intervene"

Holding that the court was "not persuaded that a plainly obvious consequence of a deficient training program would be the sexual assault of inmates'" and that "[s]pecific or extensive training hardly seems necessary for a jailer to know that sexually assaulting inmates is inappropriate behavior"

Holding that municipality's notice of constitutional violations that occurred after the misconduct alleged in plaintiff's case was irrelevant

Holding that allegation against a group of defendants is too conclusory to establish personal participation on the part of any one of them

Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit