Pearson v. Callahan
| Decision Date | 21 January 2009 |
| Docket Number | No. 07–751.,07–751. |
| Citation | 555 U.S. 223,77 USLW 4068,129 S.Ct. 808,172 L.Ed.2d 565 |
| Parties | Cordell PEARSON, et al., Petitioners, v. Afton CALLAHAN. |
| Court | U.S. Supreme Court |
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2181 cases
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Hunter v. S.D. Dept. of Soc. Servs.
...the elements in any order it wishes "in light of the circumstances of the particular case at hand." Pearson v. Callahan, 555 U.S. 223, 236, 129 S.Ct. 808, 172 L.Ed.2d 565 (2009). "Government officials are entitled to qualified immunity ‘[u]nless both of these questions are answered affirmat......
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Gray v. United States
...(2) "whether the right at issue was clearly established at the time of defendant's alleged misconduct." Pearson v. Callahan , 555 U.S. 223, 232, 129 S.Ct. 808, 172 L.Ed.2d 565 (2009) (internal references and citations omitted). Under this standard, "[t]he contours of the right must be suffi......
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Miller v. Gettel
...analysis should be addressed first in light of the circumstances in the particular case at hand." Pearson v. Callahan , 555 U.S. 223, 236, 129 S.Ct. 808, 172 L.Ed.2d 565 (2009). In one prong, the "court must decide whether the facts that a plaintiff has alleged ... or shown ... make out a v......
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Kaplan v. Cnty. of Orange
...rights of which a reasonable person would have known." Heller , 144 F. Supp. 3d at 624 (quoting Pearson v. Callahan , 555 U.S. 223, 231, 129 S.Ct. 808, 172 L.Ed.2d 565 (2009) ). To be entitled to qualified immunity, officers need only possess "arguable" probable cause to seize an individual......
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32 books & journal articles
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The Officer Has No Robes: a Formalist Solution to the Expansion of Quasi-judicial Immunity
...out a violation of a constitutional right and the right must be clearly established at the time of the violation. Pearson v. Callahan, 555 U.S. 223, 232 (2009). Both immunities work to protect the defendant from suit itself, not just from liability. Id. at 231 (qualified immunity); Pierson,......
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Reforming Qualified-Immunity Appeals.
...on a surrendering suspect who was sitting up; prior cases involved surrendering suspects who were laying down). (48) Pearson v. Callahan, 555 U.S. 223, 227 (49) Blum, The Message, supra note 2, at 1897 ("The exercise of Pearson discretion in favor of not deciding often leaves important, rec......
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Uzuegbunam v. Preczewski, Nominal Damages, and the Roberts Stratagem
...circuit court should not have assumed a constitutional violation occurred before reviewing whether the law was clearly established).142. 555 U.S. 223, 231-36 (2009) ("The [lower courts] should be permitted to exercise their sound discretion in deciding which of the two prongs of the qualifi......
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Prisoners' Rights
...in 1871, and, at common law, there was no immunity for statements made to the press. See id. at 272-78. 3274. Pearson v. Callahan, 555 U.S. 223, 232 (2009); see also Wesby, 138 S. Ct. at 589 (officers entitled to qualified immunity in 4th Amendment false arrest claim when clearly establis......
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