concluding that a § 1983 plaintiff bears the burden of overcoming the defendant's qualified immunity by showing that his constitutional rights were clearly established
How later courts described this case
- concluding that a § 1983 plaintiff bears the burden of overcoming the defendant's qualified immunity by showing that his constitutional rights were clearly established
- recognizing that a plaintiff must satisfy these two elements but that a reviewing court may address the second element first
Written by the judges who cited it.
The opinion
Nev. 450, 458-59, 168 P.3d 1055, 1061-62(2007); Pearson v. Callahan, 555
U.S. 223, 232, 236 (2009) (recognizing that a plaintiff must satisfy these
two elements but that a reviewing court may address the second element
first).
On appeal, appellant argues that the district court erred in
granting dismissal by applying a two-step test for qualified immunity
because a reasonable person would have known that the conduct in
question violated appellant's rights. We perceive no error in the district
court's analysis, as the district court correctly determined that appellant's
allegations, even if accepted as true, failed to demonstrate that
respondents violated his constitutional rights, much less that appellant
had clearly established constitutional rights that were violated. 1 Buzz
Stew, 124 Nev. at 228, 181 P.3d at 672; Pearson, 555 U.S. at 232, 236; see
Davis v. Scherer, 468 U.S. 183, 197 (1984) (concluding that a § 1983
plaintiff bears the burden of overcoming the defendant's qualified
immunity by showing that his constitutional rights were clearly
established). We therefore conclude that the district court did not err in
finding that qualified immunity applied. Accordingly, we
ORDER the judgment of the district court AFFIRMED.
Hardesty
, J.
Douglas Cherry
'In reaching this conclusion, we have given individual consideration
to each of appellant's claims.
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cc: Hon. Richard Wagner, District Judge
James Anthony Davis
Attorney General/Carson City
Pershing County Clerk
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