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).