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Civil Rights Claim Based on Failure to Enforce Protective Orders Proceeds

By Shari Allison

Price-Cornelison v. Brooks, No. 05-6140, 5/2/08 - Denial of defendant's summary judgment motion based on claim of qualified immunity in this Section 1983 case affirmed in part. This is a civil rights case against an undersheriff. The plaintiff complained about the undersheriff's refusal to enforce some protective orders she got against her long-time girlfriend. The undersheriff moved for summary judgment, arguing that he was entitled to qualified immunity on the claims. A denial of qualified immunitiy is immediately appealable. Basically, to avoid summary judgment on a claim, the plaintiff has to show that 1) the defendant violated a constitutional right that 2) was clearly established, or to put it another way, a constitutional right is clearly established if a reasonable officer would know that what he or she was doing was clearly unlawful...continue to full post

Full post as published by Tenth Circuit Blog on May 06, 2008 (boomark / email).