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  • Earl MORLEY, an Individual, Plaintiff-Appellee, v. Egan WALKER, an Individual, Defendant-Appellant

    175 F.3d 756 · Court of Appeals for the Ninth Circuit · May 4, 1999

    Investigatory or administrative functions, on the other hand, generate only qualified immunity. Kalina, 118 S.Ct. at 507 . … Such conduct falls outside the ambit of absolute immunity. Only qualified immunity is available.

    Cited 334 timesPublished
  • Loftin v. City of Prentiss, MS

    33 F.4th 774 · Court of Appeals for the Fifth Circuit · May 12, 2022

    Officer Jones and Chief Bullock would nevertheless be entitled to qualified immunity. … “Fair notice requires clearly established law.” Nerio v. Evans, 974 F.3d 571, 575 (5th Cir. 2020).

    Cited 110 timesPublished
  • Zinker v. Doty

    907 F.2d 357 · Court of Appeals for the Second Circuit · Jun 29, 1990

    were not clearly established in July of 1984. … The Second Circuit has followed the teachings of the above cases and consist *360 ently has recognized the defense of qualified immunity where officials operate in an area in which the law has not been charted clearly.

    Cited 6 timesPublished
  • Butler v. City of Prairie Village, Kansas

    172 F.3d 736 · Court of Appeals for the Tenth Circuit · Apr 6, 1999

    The court then analyzed the question of qualified immunity and concluded that the individual defendants were entitled to qualified immunity on Plaintiff's First Amendment claims. See id. at 1397-98 . … immunity standard, i.e. whether the constitutional right implicated by Plaintiff's claims is clearly established.

    Cited 122 timesPublished
  • Alexander v. Carrick

    31 F. App'x 176 · Court of Appeals for the Sixth Circuit · Mar 19, 2002

    In the alternative, defendants argued that they were entitled to qualified immunity on the ground that they did not violate any constitutional right held by Alexander, or that any right violated was not clearly established … The qualified immunity analysis is essentially a two-pronged inquiry.

    Cited 35 timesPublished
  • Hutsell v. Sayre

    5 F.3d 996 · Court of Appeals for the Sixth Circuit · Sep 29, 1993

    Defendants may, however, assert the defense of qualified immunity to the extent that their conduct “does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … clearly established at the time in question that a reasonable official in the defendant’s position would have known that he was violating the plaintiffs constitutional rights.

    Cited 84 timesPublished
  • Price v. Akaka

    3 F.3d 1220 · Court of Appeals for the Ninth Circuit · Nov 2, 1993

    Qualified Immunity 27 As the Supreme Court stated in Harlow v. … 31 First of all, an Attorney General's opinion cannot by itself establish "clearly established law."

    Cited 12 timesPublished
  • Wilford Allen Knight v. Gary Gill Stephen T. Smith and John Wigginton

    999 F.2d 1020 · Court of Appeals for the Sixth Circuit · Jul 29, 1993

    On July 6, 1992, the defendants moved for summary judgment arguing, inter alia, that “[pjrison officials are immune from suit on the basis of qualified good faith immunity unless their conduct violates clearly established … The district court rejected the defendants’ qualified immunity claim.

    Cited 22 timesPublished
  • Kathleen Stoneking v. Bradford Area School District

    882 F.2d 720 · Court of Appeals for the Third Circuit · Aug 16, 1989

    Bradford Area School Dist., 667 F.Supp. 1088, 1098 (W.D.Pa.1987). 7 On appeal, defendants argued that they were entitled to qualified immunity because they had no clearly established duty to protect Stoneking, and therefore … The defendants are entitled to qualified immunity if reasonable officials in the defendants' position at the relevant time could have believed, in light of clearly established law, that their conduct comported with established

    Cited 4 timesPublished
  • A.W. v. Jersey City Public Schools

    486 F.3d 791 · Court of Appeals for the Third Circuit · May 24, 2007

    Finally, the Court denied defendants qualified immunity because A.W. adduced sufficient proof that defendants had violated A.W.’s clearly established rights under the IDEA and the Rehabilitation Act. … “clearly established.”3 Id.

    Cited 47 timesPublished
  • Jones v. Cannon

    174 F.3d 1271 · Court of Appeals for the Eleventh Circuit · May 11, 1999

    This Circuit has held that dicta cannot clearly establish the law for qualified immunity purposes. Hamilton v. Cannon, 80 F.3d 1525, 1530 (11th Cir. 1996); see also Adams v. St. … as there was no clearly established right in this Circuit.14 I.

    Cited 3 timesPublished
  • Chavez-Rodriguez v. City of Santa Fe

    596 F.3d 708 · Court of Appeals for the Tenth Circuit · Feb 18, 2010

    The court also determined it was clearly established that retaliating against a public employee for protected speech is unconstitutional. Consequently, the motion was denied. … Defendants filed this appeal seeking review of the district court’s denial of qualified immunity.

    Cited 33 timesPublished
  • James Raynor v. G. Pugh

    817 F.3d 123 · Court of Appeals for the Fourth Circuit · Mar 17, 2016

    On the same day, Pugh also moved for a protective order to stay discovery based on his qualified immunity defense. … These factual disputes also defeat Pugh’s claim to qualified immunity at this early stage, for Raynor has alleged facts that make out a violation of a clearly established constitutional right. See Pearson v.

    Cited 334 timesPublished
  • James Brown v. Edward Griesenauer, Jerry Davis, David London, Kenneth Molloy, Karl Duncan, Theodore Boller, Marvin Coval

    970 F.2d 431 · Court of Appeals for the Eighth Circuit · Jul 13, 1992

    City of Ashburn, 890 F.2d 396, 403 (11th Cir.1989) (qualified immunity). … 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 known

    Cited 61 timesPublished
  • Mendocino Environmental Center v. Mendocino County

    192 F.3d 1283 · Court of Appeals for the Ninth Circuit · Sep 24, 1999

    We affirm the district court’s denial of appellant’s motion for summary judgment on qualified immunity. … the resolution of the qualified immunity issue.

    Cited 47 timesPublished
  • Isaacson v. Dow Chemical Co.

    517 F.3d 129 · Court of Appeals for the Second Circuit · Feb 22, 2008

    Plaintiffs object, however, based on an argument that (1) only “official immunity defenses” qualify as “colorable federal defenses,” and (2) the government contractor defense is not an “official immunity defense” and, therefore … Because we find that a defense need not be an immunity defense to qualify as a colorable federal defense under the removal statute, we need not decide here whether the government contractor defense is an immunity defense—an

    Cited 95 timesPublished
  • Murphy v. Morgan

    914 F.2d 846 · Court of Appeals for the Seventh Circuit · Sep 24, 1990

    The immunity issue is whether this right can be said, on the basis of Youngberg and Doe, to have been clearly established in 1986. It can be. … "Thus, ... a qualified immunity analysis entails a purely objective inquiry to determine whether at the time of the alleged illegal act, the right asserted by the plaintiff was clearly established in the particular factual

    Cited 10 timesPublished
  • Reed v. Woodruff County

    7 F.3d 808 · Court of Appeals for the Eighth Circuit · Oct 21, 1993

    In addition, the District Court held that the defendants were not entitled to qualified immunity, because the law on deliberate indifference under the Eighth Amendment was clearly established at the time of the incident. … The Supreme Court applied this doctrine to qualified-immunity cases in Mitchell v.

    Cited 123 timesPublished
  • Charles L. ROBINS, Plaintiff-Appellee, v. B. MEECHAM, C/O, D. Morris, SC/O, G. Cox, C/O, Defendants-Appellants

    60 F.3d 1436 · Court of Appeals for the Ninth Circuit · Jul 27, 1995

    The officers filed a motion for summary judgment on the grounds that no constitutional violation had been established by Robins, and, therefore, they were entitled to qualified immunity. … II The officers contend that even if this Court finds that inmate Robins can establish an Eighth Amendment claim against them, they should still be entitled to qualified immunity because the doctrine of transferred *1442

    Cited 154 timesPublished
  • 74 Fair empl.prac.cas. (Bna) 1086, 71 Empl. Prac. Dec. P 44,944 Rhoda Tang v. State of Rhode Island, Department of Elderly Affairs and Maureen Maigret and Susan Sweet, in Their Individual and Official Capacities

    120 F.3d 325 · Court of Appeals for the First Circuit · Aug 11, 1997

    They conceded that there was a clearly established right to be free from racial discrimination. But, relying upon Harlow v. … grant of qualified immunity. 515 U.S. at 312-18 , 115 S.Ct. at 2156-58 .

    Cited 14 timesPublished

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