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  • Heriberto Rodriguez v. County of Los Angeles

    891 F.3d 776 · Court of Appeals for the Ninth Circuit · May 30, 2018

    Qualified Immunity under Federal Law Qualified immunity under federal law protects government officials “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … “An officer is not entitled to qualified immunity on the grounds that the law is not clearly established every time a novel method is used to inflict injury.” Mendoza v. Block, 27 F.3d 1357, 1362 (9th Cir. 1994).

    Cited 488 timesPublished
  • Martinez v. Simonetti

    202 F.3d 625 · Court of Appeals for the Second Circuit · Feb 4, 2000

    Whether Officer Heinz-Faljean was a witness to the physical altercation is not clearly established in the present record. … light of clearly established law and the information the officer[ ] possessed.”

    Cited 329 timesPublished
  • Kingsford v. Salt Lake City School District

    247 F.3d 1123 · Court of Appeals for the Tenth Circuit · Apr 24, 2001

    Fankell , 520 U.S. 911, 915 (1997) (“[A] Federal District Court order rejecting a qualified immunity defense on the ground that the defendant’s actions—if proved—would have violated clearly established law may be appealed … Defendant Shackett also claimed that even if such a right existed it was not clearly established at the time of the events underlying this suit, thus entitling him to qualified immunity.

    Cited 35 timesPublished
  • Larry Hope v. Mark Pelzer, Gene McClaran

    240 F.3d 975 · Court of Appeals for the Eleventh Circuit · Feb 14, 2001

    ’s qualified immunity analysis. … Public officials are entitled to qualified immunity from monetary damages if “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”

    Reversed on other grounds by Hope v. Pelzer, 536 U.S. 730 (2002)Cited 30 timesPublished
  • Richard Winn David Ehrlich Newlin Corporation and Somerset of Virginia, Inc. v. Wayne L. Lynn

    941 F.2d 236 · Court of Appeals for the Third Circuit · Sep 4, 1991

    Qualified immunity is the more limited type of immunity, and generally protects government officials performing discretionary functions “insofar as [their] conduct does not violate clearly established statutory or constitutional … immunity because their actions were violative of “clearly established statutory and constitutional rights” and they should have been aware of this.

    Cited 14 timesPublished
  • Johnson v. Clifton

    74 F.3d 1087 · Court of Appeals for the Eleventh Circuit · Jan 26, 1996

    A public official may immediately appeal a denial of qualified immunity where the disputed issue involves whether or not the defendant's conduct constitutes a violation of clearly established law. … clearly established law.

    Cited 3 timesPublished
  • Dontray Chaney v. City of Orlando, FL

    291 F. App'x 238 · Court of Appeals for the Eleventh Circuit · Aug 26, 2008

    Qualified immunity shields officers from civil liability if, considering the facts in the light most favorable to the party asserting the injury, the officers’ conduct does not violate clearly established constitutional … to establish that qualified immunity does not apply.”

    Cited 4 timesUnpublished
  • Lisa Price v. Montgomery County

    72 F.4th 711 · Court of Appeals for the Sixth Circuit · Jul 5, 2023

    To overcome a defendant’s qualified immunity defense, a plaintiff must plausibly allege that (1) the official violated a federal statutory or constitutional right, and (2) the right was “clearly established” at the time of … Miller has neither proven that violating a court order constitutes a constitutional violation, nor that such a violation is clearly established. As a result, Craycraft is entitled to qualified immunity.

    Cited 44 timesPublished
  • Doe v. Groody

    361 F.3d 232 · Court of Appeals for the Third Circuit · Mar 19, 2004

    The four Task Force officers appeal the denial of summary judgment based on qualified immunity. II. … But the immunity is forfeited if an officer’s conduct violates “clearly established statutory or constitutional rights of which a reasonable person would have known.” Wilson v.

    Cited 86 timesPublished
  • Kathleen A. Walsh v. Cuyahoga County, and Terry Allan

    424 F.3d 510 · Court of Appeals for the Sixth Circuit · Sep 21, 2005

    Allan was not entitled to qualified immunity because Ms. Walsh’s right to a pre-termination hearing was clearly established by Cleveland Board of Education v. … Ill Under the doctrine of qualified immunity, “government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established

    Cited 18 timesPublished
  • Andersen v. McCotter

    100 F.3d 723 · Court of Appeals for the Tenth Circuit · Nov 12, 1996

    She also claims that the law was clearly established in this area, thereby precluding Defendants’ claims of qualified immunity. We agree. … Because the law in this area was clearly established in March 1994, Defendants are not entitled to qualified immunity. REVERSED and REMANDED. - 15 -

    Cited 27 timesPublished
  • Fitzpatrick v. City of Dearborn Heights

    105 F. App'x 733 · Court of Appeals for the Sixth Circuit · Jul 15, 2004

    STANDARD OF REVIEW We review de novo a district court’s denial of qualified immunity. Dickerson v. McClellan, 101 F.3d 1151 , 1157 (6th Cir. 1996). DISCUSSION A qualified immunity analysis requires a two-step process. … Simakas are not entitled to qualified immunity.

    Cited 1 timesPublished
  • Peete v. Metropolitan Government Of Nashville And Davidson County

    486 F.3d 217 · Court of Appeals for the Sixth Circuit · May 22, 2007

    clearly established." … The Court held that Champion's arrest and restraint by police constituted a clearly established unreasonable seizure under the Fourth Amendment and denied the police officers' argument that they were entitled to qualified

    Cited 48 timesPublished
  • Kevin Lamar Adams Bobbie Adams v. City of Auburn Hills, a Municipal Corporation, John Backstrom

    336 F.3d 515 · Court of Appeals for the Sixth Circuit · Jul 21, 2003

    Qualified Immunity As the Supreme Court explained in Harlow v. … Whether a defendant is entitled to qualified immunity depends on: “(1) whether the facts taken in the light most favorable to plaintiff could establish a constitutional violation; (2) whether the right was a ‘clearly established

    Cited 31 timesPublished
  • Doug Morgan v. Plano Independent School District

    610 F.3d 877 · Court of Appeals for the Fifth Circuit · Jun 30, 2010

    Qualified immunity thus shields government officials performing discretionary functions from individual liability for civil damages but only “insofar as their conduct does not violate clearly established rights of which a … Appellees’ have alleged a violation of clearly established law; therefore, Appellants are not entitled to qualified immunity.

    Cited 11 timesPublished
  • Johnnie Savory v. Allen Andrews

    Court of Appeals for the Seventh Circuit · Aug 14, 2026

    The officers in this case are entitled to qualified immunity only if their interrogation techniques did not violate Savory’s clearly established right to due process. Rivas-Villegas v. … Regardless, focusing on this difference is too myopic an approach given that Savory need only present similar—not identical—cases to satisfy qualified immunity’s “clearly established” requirement.

    Cited 0 timesPublished
  • Raymond D. Jackson v. Duncan A. McIntosh David Victorino

    90 F.3d 330 · Court of Appeals for the Ninth Circuit · Jul 18, 1996

    The doctors moved for summary judgment on the ground of qualified immunity. The district court denied the motion. The doctors appeal. … ANALYSIS The doctors contend that they are entitled to qualified immunity because there was no clearly established law requiring *332 them to provide a kidney transplant to a prisoner on dialysis.

    Overruled in part, on other grounds by Cion Peralta v. T. Dillard, 744 F.3d 1076 (2014)Cited 1,160 timesPublished
  • E-Z Mart Stores, Inc. v. Kirksey

    885 F.2d 476 · Court of Appeals for the Eighth Circuit · Sep 19, 1989

    The officers are entitled to qualified immunity “unless their actions violated clearly established law.” Garionis, 827 F.2d at 308 (citations omitted). … Ordinarily, a qualified immunity defense will fail if, as here, the law was clearly established at the time the action occurred, “since a reasonably competent public official should know the law governing his conduct.”

    Cited 14 timesPublished
  • Schrob v. Catterson

    948 F.2d 1402 · Court of Appeals for the Third Circuit · Nov 15, 1991

    any clearly established constitutional rights. … Absolute immunity defeats a suit at the outset, while an official with qualified immunity must establish that "their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person

    Cited 359 timesPublished
  • Isaiah Taylor v. Justin Schwarzhuber

    Court of Appeals for the Seventh Circuit · Mar 19, 2025

    Qualified immunity shields federal and state officials from monetary liability unless the law they ostensibly violated was clearly established at the time of the alleged offense. … The court awarded qualified immunity to Schwarzhuber and Rydzewski on Taylor’s initial stop and frisk claims be- cause Taylor did not provide cases showing the officers’ ac- tions violated clearly established law.

    Cited 0 timesPublished

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