# Davis v. State

> Nevada Supreme Court · May 14, 2014

URL: https://www.frixlaw.com/law-library/cases/2714612

## Case

- **Court:** Nevada Supreme Court
- **Decided:** May 14, 2014
- **Precedential status:** Unpublished
- **Opinion:** Opinion
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/2714612

## How later opinions describe it (automated extraction)

- 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

## Opinion text

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.

SUPREME COURT
OF
NEVADA
2
(0) 1947A
cc: Hon. Richard Wagner, District Judge
James Anthony Davis
Attorney General/Carson City
Pershing County Clerk

SUPREME COURT
OF
NEVADA
3
(0) 1947A e

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/2714612. Public record. Not legal advice.