§Why CasetextPricing

White et al v. Jackson et al

MEMORANDUM in Opposition re MOTION for Summary Judgment

37 Cited authorities

  1. Anderson v. Liberty Lobby, Inc.

    477 U.S. 242 (1986)   Cited 235,794 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 215,959 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. Pearson v. Callahan

    555 U.S. 223 (2009)   Cited 22,437 times   8 Legal Analyses
    Holding that a court may, without deciding whether there was a constitutional violation, look to the question of whether that right was "clearly established"

  4. Saucier v. Katz

    533 U.S. 194 (2001)   Cited 20,226 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."

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

    436 U.S. 658 (1978)   Cited 66,869 times   15 Legal Analyses
    Holding that "local government . . . are 'persons'" for purposes of 42 U.S.C. § 1983

  6. Graham v. Connor

    490 U.S. 386 (1989)   Cited 25,167 times   26 Legal Analyses
    Holding that the reasonableness of force deployed during an arrest is judged using the "facts and circumstances of each particular case" from the perspective of "a reasonable officer on the scene"

  7. Harlow v. Fitzgerald

    457 U.S. 800 (1982)   Cited 31,437 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"

  8. Anderson v. Creighton

    483 U.S. 635 (1987)   Cited 15,396 times   6 Legal Analyses
    Holding that an officer is entitled to qualified immunity if "a reasonable officer could have believed" that the search was lawful "in light of clearly established law and the information the searching officers possessed"

  9. 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

  10. Hunter v. Bryant

    502 U.S. 224 (1991)   Cited 4,873 times   1 Legal Analyses
    Holding that probable cause is assessed in relation to the facts possessed by the arresting officer at the time he made the warrantless arrest

  11. Section 1983 - Civil action for deprivation of rights

    42 U.S.C. § 1983   Cited 485,294 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 328,115 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