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Inconsistent Jury Verdict on Qualified Immunity Requires New Trial
Qualified immunity should be raised before trial so the claim can be
disposed of by summary judgment where possible or factual disputes material
to it can be identified and presented to the jury. The defendants did not
waive their qualified immunity defense. Though it wasn't in their answer,
they asserted ...
disposed of by summary judgment where possible or factual disputes material
to it can be identified and presented to the jury. The defendants did not
waive their qualified immunity defense. Though it wasn't in their answer,
they asserted ...
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