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  • Amy Colvin v. Hubert Keen

    900 F.3d 63 · Court of Appeals for the Second Circuit · Aug 15, 2018

    Our precedents do not 10 clearly establish such a rule. … Because it was 15 not “clearly established” that Colvin’s speech addressed a matter of public 16 concern, see Pearson, 555 U.S. at 231, Defendants are entitled to qualified 17 immunity.

    Cited 29 timesPublished
  • Willie Sevier v. City Of Lawrence

    60 F.3d 695 · Court of Appeals for the Tenth Circuit · Jul 21, 1995

    Meeks, 52 F.3d 1547, 1552-53 (10th Cir.1995) (noting that the application of the reasonableness standard to Sec. 1983 excessive force cases is clearly established). … inextricably intertwined with the qualified immunity appeal so as to fall within one of the narrow exceptions left open by Swint.

    Cited 24 timesPublished
  • Eagleston v. Guido

    41 F.3d 865 · Court of Appeals for the Second Circuit · Dec 7, 1994

    Qualified immunity affords government actors broad protection from personal liability “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have … legal rules that were ‘clearly established’ at the time it was taken.”

    Cited 136 timesPublished
  • Amy Corbitt v. Michael Vickers

    Court of Appeals for the Eleventh Circuit · Jul 10, 2019

    immunity analysis requires a clearly established right to be defined with specificity. … establish a right for qualified immunity purposes,” Gilmore v.

    Cited 0 timesPublished
  • Hancock v. Cnty. of Rensselaer

    882 F.3d 58 · Court of Appeals for the Second Circuit · Feb 9, 2018

    Ryan , 827 F.2d 836 , 840-42, 848-49 (1st Cir. 1987) (finding the constitutional right to privacy not clearly established for qualified immunity purposes); American Federation of Government Employees, AFL-CIO v. … That leaves only the question of whether that right was clearly established at the time of the alleged violation, keeping in mind that qualified immunity law does not require a case on point concerning the exact permutation

    Cited 115 timesPublished
  • Crawford v. Carroll

    529 F.3d 961 · Court of Appeals for the Eleventh Circuit · Jun 3, 2008

    Harland, 370 F.3d 1252, 1264 (11th Cir. 2004), we proceed to the two-part test established by the Supreme Court for evaluating a claim of qualified immunity. … “For the law to be clearly established to the point that qualified immunity does not apply, the law 19 As previously noted, the only claim that remains against Johnston is for race discrimination, not

    Cited 699 timesPublished
  • Corey Fallen v. Thomas McEnroe

    Court of Appeals for the Third Circuit · Jan 6, 2025

    The dissent responds at the highest level of generality by noting that “the clearly established prong of the qualified immunity analysis” was “raised and argued in the District Court and here.” Dissent at n.5. … Qualified immunity protects more than just constitutional actions by law enforcement officers; it also extends to unconstitutional conduct that has not been clearly established as such. See Pearson, 555 U.S. at 236.

    Cited 0 timesUnpublished
  • Shiraki v. Cannella

    83 F. App'x 896 · Court of Appeals for the Ninth Circuit · Dec 11, 2003

    We are bound by Caldwell’s pre- Saucier holding, which resolves the question of whether Cannella is entitled to qualified immunity on this issue. … Because we find that Cannella is entitled to qualified immunity, we do not decide that constitutional question here. For the reasons set forth herein, we AFFIRM the district court’s decision.

    Cited 2 timesPublished
  • Alcala v. Ortega

    128 F.4th 1298 · Court of Appeals for the Tenth Circuit · Feb 24, 2025

    “The doctrine of 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 … ‘clearly established’ at the time of the challenged conduct.”

    Cited 16 timesPublished
  • Armendariz v. City of Colorado Springs

    Court of Appeals for the Tenth Circuit · Mar 12, 2026

    Qualified Immunity Qualified immunity shields officers from liability for violating a constitutional right that wasn’t clearly established when the violation occurred. Allstate Sweeping, LLC v. … With this assumption, qualified immunity would turn on whether the Fourth Amendment violation had been clearly established. Ms.

    Cited 0 timesPublished
  • Melanie Martinez, Cross-Appellee v. The City of Opa-Locka, Florida, a Municipal Corporation, Marcia L. Connor, Individually, Cross-Appellant

    971 F.2d 708 · Court of Appeals for the Eleventh Circuit · Sep 10, 1992

    A municipal official is entitled to qualified immunity for actions taken pursuant to their discretionary authority if a reasonable official could have believed that his or her actions were lawful in light of clearly established … Consequently, Connor was not entitled to the qualified immunity defense. IY.

    Cited 79 timesPublished
  • Lankford v. City of Hobart

    27 F.3d 477 · Court of Appeals for the Tenth Circuit · Jun 14, 1994

    Medrano was not qualifiedly immune from liability because the violation was clearly established. … Medrano’s alleged privacy violation was clearly established in 1990.

    Cited 53 timesPublished
  • Jones Ex Rel. Heirs of Jones v. Minnesota Department of Corrections

    512 F.3d 478 · Court of Appeals for the Eighth Circuit · Jan 9, 2008

    Jones asserts that the defendants are not entitled to qualified immunity. … Government officials are entitled to qualified immunity for discretionary decisions unless they violate a clearly established constitutional right. See Gordon ex rel. Gordon v. Frank, 454 F.3d 858, 862 (8th Cir.2006).

    Cited 141 timesPublished
  • Kathy Martin v. Board Of County Commissioners Of Pueblo

    909 F.2d 402 · Court of Appeals for the Tenth Circuit · Jul 18, 1990

    , in light of clearly established law and the information defendants possessed at the time. … Defendants argue that "[i]t is not clearly established that a plaintiff can bring a claim for excessive force where no force is applied.

    Cited 2 timesPublished
  • Vera v. Tue

    73 F.3d 604 · Court of Appeals for the Fifth Circuit · Jan 31, 1996

    The court concluded that because the Bonding Company "failed to establish deprivation of a property or liberty interest, Defendant's qualified immunity remains intact, protecting him from liability in this matter." … QUALIFIED IMMUNITY We must determine whether the district court erred in granting Sheriff Tue qualified immunity.

    Cited 67 timesPublished
  • Juan A. Mendez-Palou v. Santos Rohena-Betancourt, Etc., Jose M. Rodriguez Ramirez v. Antonio Gonzalez-Chapel, Etc., Rafael Gimenez Boehm v. Jose L. Riefkohl, Etc.

    813 F.2d 1255 · Court of Appeals for the First Circuit · Mar 10, 1987

    allegedly violated was not "clearly established." … The district courts in the cases presently before us concluded that defendants were not entitled to qualified immunity because Elrod and Branti clearly established that the first amendment protects government employees from

    Cited 2 timesPublished
  • Eddie O. Buckley v. Paul Loeffelholz

    Court of Appeals for the Eighth Circuit · Jan 21, 1998

    DISCUSSION Under the doctrine of qualified immunity, a government official is immune from suit unless the conduct complained of violated "clearly established statutory or constitutional rights of which a reasonable … As we have noted in previous cases, this court has taken a "broad view" of what constitutes clearly established law for purposes of qualified immunity. Id. at 677.

    Cited 0 timesPublished
  • Racheal Gantt v. Deputy Everett

    Court of Appeals for the Eleventh Circuit · Dec 18, 2025

    After discovery, Everett moved for summary judgment based on qualified immunity. The district court denied the motion. … The official invoking qualified immunity has the initial burden to establish that she was acting within her discretionary authority. Id.

    Cited 0 timesPublished
  • Inmates of the Nebraska Penal and Correctional Complex, Appellants/cross-Appellees v. John B. Greenholtz, Appellees/cross-Appellants

    567 F.2d 1381 · Court of Appeals for the Eighth Circuit · Dec 13, 1977

    The district court denied monetary relief on the alternative grounds that Board members enjoy absolute quasi-judicial immunity and, even if Board members enjoy only qualified immunity, there was no evidence of bad faith. … Major portions of the parties’ briefs are devoted to the question of whether Board members enjoy absolute or only qualified immunity.

    Reversed on other grounds by Greenholtz v. Inmates of the Nebraska Penal & Correctional Complex, 442 U.S. 1 (1979)Cited 14 timesPublished
  • Akers v. McGinnis

    352 F.3d 1030 · Court of Appeals for the Sixth Circuit · Dec 1, 2003

    “In civil suits for money damages, government officials are entitled to qualified immunity for discretionary acts that do ‘not violate clearly established [federal] statutory or constitutional rights of which a reasonable … While this disposes of this question, we note that for a plaintiff to defeat a defense of qualified immunity, he must not only prove the violation of a right, but of a clearly established right.

    Cited 88 timesPublished

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