§Why CasetextPricing

Jackson v. Besecker et al

BRIEF in Opposition to 36 MOTION for Summary Judgment and Brief in Support

60 Cited authorities

  1. Anderson v. Liberty Lobby, Inc.

    477 U.S. 242 (1986)   Cited 236,238 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. Matsushita Elec. Indus. Co. v. Zenith Radio

    475 U.S. 574 (1986)   Cited 113,131 times   38 Legal Analyses
    Holding that, on summary judgment, antitrust plaintiffs "must show that the inference of conspiracy is reasonable in light of the competing inferences of independent action or collusive action that could not have harmed" them

  3. Saucier v. Katz

    533 U.S. 194 (2001)   Cited 20,260 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."

  4. Monell v. New York City Dept. of Social Services

    436 U.S. 658 (1978)   Cited 67,109 times   15 Legal Analyses
    Holding that "local government . . . are 'persons'" for purposes of 42 U.S.C. § 1983

  5. Harlow v. Fitzgerald

    457 U.S. 800 (1982)   Cited 31,499 times   11 Legal Analyses
    Holding that public officials are entitled to a "qualified immunity" from "liability for civil damages insofar as their conduct does not violate clearly established . . . rights of which a reasonable person would have known"

  6. McDonnell Douglas Corp. v. Green

    411 U.S. 792 (1973)   Cited 52,204 times   95 Legal Analyses
    Holding in employment discrimination case that statistical evidence of employer's general policy and practice may be relevant circumstantial evidence of discriminatory intent behind individual employment decision

  7. Kentucky v. Graham

    473 U.S. 159 (1985)   Cited 19,212 times   1 Legal Analyses
    Holding that "an official-capacity suit is, in all respects other than name, to be treated as a suit against the entity," and that "a plaintiff seeking to recover on a damages judgment in an official-capacity suit must look to the government entity itself"

  8. Garcetti v. Ceballos

    547 U.S. 410 (2006)   Cited 4,025 times   62 Legal Analyses
    Holding if an employee does not speak as a citizen on a matter of public concern, "the employee has no First Amendment cause of action based on his or her employer's reaction to the speech"

  9. Connick v. Myers

    461 U.S. 138 (1983)   Cited 5,863 times   15 Legal Analyses
    Holding that an employer need not "allow events to unfold to the extent that the disruption of the office and the destruction of working relationships is manifest before taking action"

  10. Citizens United v. Fed. Election Comm'n

    558 U.S. 310 (2010)   Cited 1,590 times   72 Legal Analyses
    Holding that disclaimer and disclosure requirements are subject to exacting scrutiny

  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 328,775 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  12. Rule 26 - Duty to Disclose; General Provisions Governing Discovery

    Fed. R. Civ. P. 26   Cited 95,025 times   653 Legal Analyses
    Adopting Fed.R.Civ.P. 37

  13. Rule 34 - Producing Documents, Electronically Stored Information, and Tangible Things, or Entering onto Land, for Inspection and Other Purposes

    Fed. R. Civ. P. 34   Cited 13,130 times   147 Legal Analyses
    Finding that the rules related to electronic discovery were "not meant to create a routine right of direct access to a party's electronic information system, although such access may be justified in some circumstances."

  14. Rule 33 - Interrogatories to Parties

    Fed. R. Civ. P. 33   Cited 10,899 times   21 Legal Analyses
    Adopting Rule 30(b)

  15. Section 623 - Prohibition of age discrimination

    29 U.S.C. § 623   Cited 10,079 times   51 Legal Analyses
    Holding that under the ADEA, it is unlawful to discriminate against individuals who are at least forty years of age

  16. Section 24-34-402.5 - Unlawful prohibition of legal activities as a condition of employment

    Colo. Rev. Stat. § 24-34-402.5   Cited 53 times   24 Legal Analyses

    (1) It shall be a discriminatory or unfair employment practice for an employer to terminate the employment of any employee due to that employee's engaging in any lawful activity off the premises of the employer during nonworking hours unless such a restriction: (a) Relates to a bona fide occupational requirement or is reasonably and rationally related to the employment activities and responsibilities of a particular employee or a particular group of employees, rather than to all employees of the

  17. Section 30-10-506 - Deputies

    Colo. Rev. Stat. § 30-10-506   Cited 28 times

    Each sheriff may appoint as many deputies as the sheriff may think proper and may revoke such appointments at will; except that a sheriff shall adopt personnel policies, including policies for the review of revocation of appointments. Before revoking an appointment of a deputy, the sheriff shall notify the deputy of the reason for the proposed revocation and shall give the deputy an opportunity to be heard by the sheriff. Persons may also be deputized by the sheriff or undersheriff in writing to

  18. Section 30-10-105 - When office becomes vacant

    Colo. Rev. Stat. § 30-10-105   Cited 1 times

    (1) Every county office shall become vacant, on the happening of any one of the following events, before the expiration of the term of office: (a) The death of the incumbent; (b) The resignation of the incumbent; (c) The removal of the incumbent; (d) The incumbent's ceasing to be an inhabitant of the county for which he was elected or appointed; (e) The incumbent's refusal or neglect to take an oath or affirmation in accordance with section 24-12-101, to give or renew his or her official bond, or