Does a court have the authority to determine whether a plaintiff has a right to sue for damages?
MultiRegion, United States of America
The following excerpt is from Cooper v. Sely, CASE No. 1:11-cv-00544-AWI-MJS (PC) (E.D. Cal. 2013):
whether the right was clearly established. Saucier, 533 U.S. at 201. The inquiry "must be undertaken in light of the specific context of the case, not as a broad general proposition . . . ." Id. In resolving these issues, the court must view the evidence in the light most favorable to plaintiff and resolve all material factual disputes in favor of plaintiff. Martinez v. Stanford, 323 F.3d 1178, 1184 (9th Cir. 2003).
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