Labels:book | reckoner | sky | tree | windowpane OCR: the Courts of Appeals have placed the burden of estab- lishing the violation of clear constitutional right upon the plaintiff.u Further, placing the burden on plaintiff to MoUs violation of a clearly established right consistent with this Court's qualified immunity decisions pue the policies underlying qualified immunity Pue summary judgment. the burden number in of qualified the Court's immunity decisions cases. have Those addressed decisions place the burder squarely on the plaintiff. For instance Chief Justice Rehnquist, writing tor the majority Siegert noted that Siegert both failed to attege the viola- tion clearly established right. and failed establisht he violation of any constitutional right aJ Id.. 114 L.Ed 2d 287 (emphasis added) Similarly, Mafley dissenting. Briggs wrote supra ...
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