Manning v. City of Tulsa, et al.
Split Score
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Case Summary
Disposition
Reversed in Part
The Tenth Circuit reversed the district court’s grant of qualified immunity to Officer Betty Shelby, holding that viewing the facts in the estate’s favor a jury could find she used unconstitutional deadly force against an unarmed, non-threatening suspect. It affirmed dismissal of the Monell municipal-liability claims for failure to state a claim, and remanded for further proceedings on state-law claims.
Circuit Split Identified
Legal Issue
Which party bears the burden of showing that a constitutional right was clearly established in qualified-immunity litigation at the summary-judgment stage.
Circuit Positions
Burden rests on the plaintiff to prove the right was clearly established.
Burden rests on the defendant official to show the right was not clearly established.
Conflict Summary
Some circuits place the burden on the plaintiff to show the right was clearly established, while other circuits require the defendant official to prove the absence of clearly established law. The Tenth Circuit re-affirmed that the burden rests on the plaintiff, expressly acknowledging that other circuits assign that burden to the defendant, thereby creating an acknowledged circuit split.