§Why CasetextPricing

White et al v. Jackson et al

MEMORANDUM in Opposition re MOTION for Summary Judgment

21 Cited authorities

  1. Anderson v. Liberty Lobby, Inc.

    477 U.S. 242 (1986)   Cited 235,761 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. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 215,930 times   40 Legal Analyses
    Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"

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

    436 U.S. 658 (1978)   Cited 66,856 times   15 Legal Analyses
    Holding that "local government . . . are 'persons'" for purposes of 42 U.S.C. § 1983

  4. Malley v. Briggs

    475 U.S. 335 (1986)   Cited 9,195 times   5 Legal Analyses
    Holding that a reasonably well-trained officer who would have known that his affidavit failed to establish probable cause and that he shouldn't have applied for a warrant violates an arrestee's Fourth Amendment right against unreasonable seizures and does not enjoy qualified immunity when he arrests someone based on the warrant he nonetheless procured from a judicial officer

  5. Torgerson v. City of Rochester

    643 F.3d 1031 (8th Cir. 2011)   Cited 2,676 times
    Holding two-week gap between leave and termination was "sufficient, but barely so, to establish causation"

  6. Ulrich v. Pope Cnty.

    715 F.3d 1054 (8th Cir. 2013)   Cited 520 times
    Holding that generally, "an isolated incident of alleged police misconduct . . . cannot, as a matter of law, establish a municipal policy or custom creating liability under § 1983"

  7. Johnson v. Douglas Cnty. Med. Dep't

    725 F.3d 825 (8th Cir. 2013)   Cited 391 times
    Affirming summary judgment where plaintiffs offered no evidence that policymaking officials received notice of alleged violation and made a deliberate choice to ignore it "all in the course of few hours"

  8. Jane Doe a v. Special Sch. District

    901 F.2d 642 (8th Cir. 1990)   Cited 578 times
    Holding that officials' knowledge of school district bus driver's questionable sexual conduct toward adults did not prove deliberate indifference to the rights of the handicapped children he later abused

  9. Harding v. Gray

    9 F.3d 150 (D.C. Cir. 1993)   Cited 469 times   1 Legal Analyses
    Holding that "the non-minority plaintiff who shows that he was better qualified for the position than the minority applicant whom the employer selected . . . has stated sufficient background circumstances to establish his prima facie case"

  10. Arrington v. U.S.

    473 F.3d 329 (D.C. Cir. 2006)   Cited 302 times
    Holding that “[w]hen a plaintiff relies entirely on his own self-serving testimony, which lacks any corroboration and is contradicted by all the available ... evidence, a court is not obligated to reward the plaintiff with a jury trial”

  11. Section 1983 - Civil action for deprivation of rights

    42 U.S.C. § 1983   Cited 485,185 times   688 Legal Analyses
    Holding liable any state actor who "subjects, or causes [a person] to be subjected" to a constitutional violation

  12. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 328,071 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  13. Section 574.060 - Refusal to disperse - penalty

    Mo. Rev. Stat. § 574.060   Cited 15 times

    1. A person commits the offense of refusal to disperse if, being present at the scene of an unlawful assembly, or at the scene of a riot, he or she knowingly fails or refuses to obey the lawful command of a law enforcement officer to depart from the scene of such unlawful assembly or riot. 2. The offense of refusal to disperse is a class C misdemeanor. § 574.060, RSMo Amended by 2014 Mo. Laws, SB 491,s A, eff. 1/1/2017. L. 1977 S.B. 60 Effective 1-1-79

  14. Section 574.040 - Unlawful assembly - penalty

    Mo. Rev. Stat. § 574.040   Cited 12 times

    1. A person commits the offense of unlawful assembly if he or she knowingly assembles with six or more other persons and agrees with such persons to violate any of the criminal laws of this state or of the United States with force or violence. 2. The offense of unlawful assembly is a class B misdemeanor. § 574.040, RSMo Amended by 2014 Mo. Laws, SB 491,s A, eff. 1/1/2017. L. 1977 S.B. 60 Effective 1-1-79

  15. Section 574.050 - Rioting - penalty

    Mo. Rev. Stat. § 574.050   Cited 1 times

    1. A person commits the offense of rioting if he or she knowingly assembles with six or more other persons and agrees with such persons to violate any of the criminal laws of this state or of the United States with force or violence, and thereafter, while still so assembled, does violate any of said laws with force or violence. 2. The offense of rioting is a class A misdemeanor. § 574.050, RSMo Amended by 2014 Mo. Laws, SB 491,s A, eff. 1/1/2017. L. 1977 S.B. 60 Effective 1-1-79