Opinion

Lopera v. Town of Coventry

  • 640 F.3d 388
  • 2011 U.S. App. LEXIS 10359
  • 2011 WL 1205661
Court
Court of Appeals for the First Circuit
Filed
May 20, 2011
Status
Published
Author
Thompson
On the bench
Lynch, Selya, Thompson, Torruella
Cited by
41 cases
Authority
More cited than 10.7%

noting that the District Court appeared to analyze qualified immunity only as to those claims addressed in the defendants’ summary judgment argument on qualified immunity, but deciding nevertheless to analyze on appeal each of the plaintiffs’ claims as regards qualified immunity

How later courts described this case

  • noting that the District Court appeared to analyze qualified immunity only as to those claims addressed in the defendants’ summary judgment argument on qualified immunity, but deciding nevertheless to analyze on appeal each of the plaintiffs’ claims as regards qualified immunity
  • stating that courts can proceed in a qualified immunity case by first analyzing whether there was a constitutional violation
  • “Together, these two factors ask whether a reasonable [official], similarly situated, would have believed that his conduct did not violate the Constitution.”
  • noting that the same standard applies to a grant of summary judgment on qualified immunity grounds

Written by the judges who cited it.

The opinion

THOMPSON, Circuit Judge,

dissenting.

For the reasons expressed in my dissent from the panel opinion, I dissent from the denial of rehearing en banc. See Lopera v. Town of Coventry, 640 F.3d 388 (1st Cir.2011)(Thompson, J., dissenting in part).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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