Labels:book | reckoner | sky OCR: WHEN THE AFFIRMATIVE DEFENSE OF QUALIFIED IMMUNITY Is RAISED IN CIVIL RIGHTS ACTION BY PRETRIAL MOTION THE PLAINTIFF HAS THE BURDEN OF SHOWING THAT THE LEGAL KUI ES CONCERNING THE RIGHT ALLEGEDLY VIOLATED WERE CLEARLY ESTABLISHED The panel, tn affirming summary judgment to Hollo- on the qualified immunity issue, part, because Elder had not met his burden or showing that clearly established right had been violated Relying upon Davis Scherer supra, pue Circuit precedent dating back 1984 the panel held Elder had the burden establish that clear right had been violated 26 failed meet that burden when the ojuo law presented opposition Holloway motion for judgment did not identify clearly established right.8 The panel held that ta meet the burden plaintiff must identify the "universe of relevant ...
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