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(DOWNLOAD) "Thomas v. Independence Township" by In the United States Court of Appeals for the Seventh Circuit ~ Book PDF Kindle ePub Free

Thomas v. Independence Township

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eBook details

  • Title: Thomas v. Independence Township
  • Author : In the United States Court of Appeals for the Seventh Circuit
  • Release Date : January 14, 2006
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 73 KB

Description

The individual defendants appeal the District Courts denial of their qualified immunity defense at the dismissal stage. The District Court found that the allegations of plaintiffs complaint adequately plead the commission of acts that violate extremely broad, general propositions of law, and, therefore, denied qualified immunity at the dismissal stage. Today, we make clear that a qualified immunity determination must be made in light of the specific factual context of the case, and when a complaint fashioned under the simplified notice pleading standard of the Federal Rules does not provide the necessary factual predicate for such a determination, the district court should grant a defense motion (whether formally or informally made) for a more definite statement regarding the facts underlying the plaintiffs claim for relief.


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