Does a plaintiff have to rely on a qualified immunity defense?
MultiRegion, United States of America
The following excerpt is from Elliott v. Tseng, No. 2:11-cv-03118 KJM DAD P (E.D. Cal. 2014):
25. Where, as here, the alleged facts, viewed in the light most favorable to plaintiff, do not sustain a constitutional claim, the court need not reach defendant's alternative qualified immunity defense. Saucier v. Katz, 533 U.S. 194, 201 (2001).
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