Case law
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383 F. Supp. 3d 826 · District Court, S.D. Indiana · May 28, 2019
Because Officer *833 Blackwell relies on qualified immunity and the parties focus on whether his actions violated clearly established law, the Court exercises its discretion to begin with that prong of the qualified-immunity … Todero and (2) are regardless entitled to qualified immunity because they violated no clearly established right. Dkt. 116 at 19, 25. Ms.
Cited 9 timesPublished975 F. Supp. 2d 930 · District Court, S.D. Indiana · Sep 30, 2013
In particular, the statute provides officials qualified immunity for “[t]he performance of a discretionary function.” Ind.Code § 34-13-3-3(7). … As with common law qualified immunity under Section 1983, an official’s conduct does not merit exemption from suit if it “violate[s] clearly established statutory or constitutional rights of which a reasonable person should
Cited 10 timesPublishedDistrict Court, S.D. Indiana · Aug 30, 2024
Hoover's right to meaningful review of his placement in segregation, it need not address their argument that they are entitled to qualified immunity. See Abbott v. … constitutional right was 'clearly established’ at the time of the official's alleged misconduct.").
Cited 0 timesUnknownDistrict Court, S.D. Indiana · Jan 10, 2022
A right is clearly established for purposes of qualified immunity where: (1) "a closely analogous case establishes that the conduct is unconstitutional"; or (2) "the violation is so obvious that a reasonable state actor … Ct. 577, 590 (2018) (constitutional right is clearly established for purposes of qualified immunity analysis if "every reasonable official would interpret [then-existing precedent] to establish the particular rule the plaintiff
Cited 0 timesUnknownDistrict Court, S.D. Indiana · Sep 17, 2025
"Qualified immunity is a doctrine that protects government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … Defendants frame their qualified immunity argument (as it relates to the conditions claim rather than the medical deliberate indifference claim) as follows: It has not been clearly established that using a squeegee
Cited 0 timesUnknownDistrict Court, S.D. Indiana · Aug 29, 2024
It is unclear whether providers hired by a prison to provide care to inmates can raise the qualified immunity defense. See Currie v. … constitutional right was ‘clearly established" at the time of the official's alleged misconduct.").
Cited 0 timesUnknownDistrict Court, S.D. Indiana · Feb 14, 2023
"A state official is protected by qualified immunity unless the plaintiff shows: (1) that the official violated a statutory or constitutional right, and (2) that the right was clearly established at the time of the challenged … Stefanov has failed to establish that the constitutional right that he claims was violated was clearly established, Officer McIntyre is entitled to qualified immunity on Mr.
Cited 0 timesUnknownESTATE OF TAVARIS McGUIRE v. BAKER
District Court, S.D. Indiana · Nov 4, 2022
"Qualified immunity attaches when an official's conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known." White v. … The Court then turns to the next question in the qualified immunity analysis which is whether the right at issue was clearly established at the time McGuire was arrested and under the circumstances presented.
Cited 0 timesUnknownDistrict Court, S.D. Indiana · Jun 11, 2021
Qualified Immunity Standard "'Public officials are immune from suit under 42 U.S.C. § 1983 unless they have "violated a statutory or constitutional right that was clearly established … Because "[t]he principle of fair notice pervades the doctrine" of qualified immunity, "clearly established law cannot be framed at a 'high level of generality.'"
Cited 0 timesUnknownCHANLEY v. CITY OF EVANSVILLE INDIANA
District Court, S.D. Indiana · Mar 30, 2023
The Officers argue that they're entitled to qualified immunity on that claim because "an arrestee's Fourth Amendment right to medical care . . . was not a clearly established right on October 28, 2019." … Qualified immunity "protects government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have
Cited 0 timesUnknownDistrict Court, S.D. Indiana · Oct 18, 2022
"A public official is entitled to qualified immunity from suit unless he violated a clearly established constitutional right." Dockery v. … A right is clearly established for purposes of qualified immunity where: (1) "a closely analogous case establishes that the conduct is unconstitutional"; or (2) "the violation is so obvious that a reasonable state actor
Cited 0 timesUnknownDistrict Court, S.D. Indiana · Jun 27, 2022
To determine whether the Officers are entitled to qualified immunity, the Court must determine whether as of September 13, 2019, the law had clearly established that a police officer violates an arrestee's Fourth Amendment … As Plaintiffs note, in 2017, the Seventh Circuit clearly established that an officer's failure to take any action in light of a detainee's serious medical need precludes qualified immunity. 872 F.3d at 460.
Cited 0 timesUnknownDistrict Court, S.D. Indiana · Mar 31, 2021
"Once qualified immunity is raised, the plaintiff has the burden of establishing that his or her rights were violated and that the law concerning the proffered right 'was clearly established at the time the challenged … Muse "has the burden of establishing" that his rights were violated under "clearly established" law in order to overcome qualified immunity. Burritt, 807 F.3d at 249.
Cited 0 timesUnknownESTATE OF ANDRE ALEXANDER GREEN v. CITY OF INDIANAPOLIS
District Court, S.D. Indiana · Nov 13, 2019
Qualified immunity “[Q]ualified immunity shields officials from civil liability so long as their conduct ‘does not violate clearly established statutory or constitutional … Dkt. 38 at 30.1 The Court exercises its discretion to begin with the second, “clearly established law” prong of the qualified-immunity test. See Pearson, 555 U.S. at 236. Mr.
Cited 0 timesUnknownDistrict Court, S.D. Indiana · Aug 22, 2022
Callahan, 555 U.S. 223, 236 (2009) ("[C]ourts may grant qualified immunity on the ground that a purported right was not 'clearly established' by prior case law, without resolving the often more difficult question whether … "Qualified immunity attaches when an official's conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known." White v.
Cited 0 timesUnknownDistrict Court, S.D. Indiana · Jan 11, 2022
Fletcher, 522 U.S. 118, 129–31 (1997) (prosecutor entitled to absolute immunity for preparing and filing documents, but not for personally swearing to the truth of facts establishing probable cause, which was the function … Litscher, 267 F.3d 648, 651–52 (7th Cir. 2001) (dismissal at pleading stage on qualified immunity grounds is often inappropriate because qualified immunity "usually depends" on the facts of the case).
Cited 0 timesUnknown229 F. Supp. 3d 828 · District Court, S.D. Indiana · Jan 20, 2017
To survive summary judgment on qualified immunity grounds, therefore, Plaintiffs must establish that the right they claim was clearly established in this judicial circuit. Jacobs, 215 F.3d at 767. … Thus we hold that Plaintiffs have failed to meet the “clearly established” standard sufficient to defeat Mr. Liebel’s qualified immunity defense to their claims.
Cited 2 timesPublishedDistrict Court, S.D. Indiana · Feb 19, 2021
"Qualified immunity protects public officials from liability for damages if their actions did not violate clearly established rights of which a reasonable person would have known." Fleming v. … Clearly, an entitlement to qualified immunity cannot be established by the mere incantation of magic words, purportedly buttressed by endless pages of quotes relating to the doctrine. Arguably, Ms.
Cited 0 timesUnknownDistrict Court, S.D. Indiana · May 12, 2022
In other words, qualified immunity is appropriate when the clearly established law, as applied to the facts, "would have left objectively reasonable officials in a state of uncertainty." Horshaw v. … Under some "extraordinary circumstances," an official may be entitled to qualified immunity based on reasonable ignorance of clearly established law governing the official's conduct. Harlow v.
Cited 0 timesUnknown34 F. Supp. 3d 925 · District Court, S.D. Indiana · Jul 21, 2014
Under the circumstances presented here, the Court considers it most prudent to proceed to the second question regarding qualified immunity — whether the right at issue was clearly established at the time of the violation. … First, in the context of qualified immunity, the Seventh Circuit has emphasized “[i]mportantly, the right must be clearly established in a particularized sense, rather than in an abstract or general sense.”
Cited 1 timesPublished
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