The following excerpt is from Marquez v. Miranda, 83 F.3d 427 (9th Cir. 1996):
Marquez brought this action against the officers in September of 1992. In the ensuing three and a half years, the officers have had two qualified immunity trips to this court on very slim records--the first time on the basis of a motion to dismiss and this time on the basis of a four-page affidavit. Of course, they are entitled to string out the proceedings in this way. See Behrens v. Pelletier, --- U.S. ----, ----, 116 S.Ct. 834, 840-41, 133 L.Ed.2d 773 (1996). Will they come again? If so, it must be on a considerably more puissant factual record; not on one which consists of a single asthenic declaration. Indeed, it appears that it will have to be after a trial that fully develops the facts.
Therefore, I concur.
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.