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  • Price v. State of Hawaii

    5 F.3d 539 · Court of Appeals for the Ninth Circuit · Aug 23, 1993

    Id. at 706-07 . 8 Price next attempts to overcome the difficult task of showing that the state officials violated clearly established law and therefore were not entitled to qualified immunity. 3 We previously stated: 9 [I … It therefore follows that the state officials did not violate clearly established law and are entitled to qualified immunity.

    Cited 0 timesPublished
  • Pellegrino v. United States

    73 F.3d 934 · Court of Appeals for the Ninth Circuit · Jan 10, 1996

    In Mitchell , the Court held that qualified immunity is not a mere defense but rather an immunity from suit which would be lost if the case erroneously went to trial; therefore, denial of qualified immunity is an appropriate … A determination of qualified immunity turns “on the resolution of the essentially legal question whether the conduct of which the plaintiff complains violated clearly established law.” Id. at 526 , 105 S.Ct. at 2815 .

    Cited 11 timesPublished
  • Tamez v. City of San Marcos, Tex.

    62 F.3d 123 · Court of Appeals for the Fifth Circuit · Aug 23, 1995

    "Appealability under 28 U.S.C. § 1291 ... is clearly a matter of federal law; state procedural law is not directly controlling." Sorey, 849 F.2d at 962; accord Budinich v. … We look to state procedural rules "for what they reveal about the state's view on the substantive issue of whether qualified immunity is an immunity from suit or merely a defense to liability," Sorey, 849 F.2d at 962, because

    Cited 18 timesPublished
  • 97 Cal. Daily Op. Serv. 2114, 97 Cal. Daily Op. Serv. 3975, 97 Daily Journal D.A.R. 3919 Keith Somers v. Otis Thurman, Warden John Ratelle, Warden C. Lovvorn H. Castango J. Volletti Jesse Miles Unknown Martinez Unk. Booke Unk. Porter Unk. Brown, and Brenda Cash Unk. Walls Unk. Shabazz Unk. Wheat Unk. Gomez Unk. Ferguson Unk. Johnson Unk. Rivera

    109 F.3d 614 · Court of Appeals for the Ninth Circuit · May 28, 1997

    If it was not clearly established, the official is entitled to immunity from suit. (2) If the law was clearly established, we proceed to ask if under that law, a reasonable official could have believed the conduct was lawful … Therefore, an official is denied qualified immunity only if the law was clearly established and a reasonable official could not have believed the conduct was lawful. 9 We are concerned in this case only with the first inquiry

    Cited 0 timesPublished
  • Nicole Schneyder v. Gina Smith

    Court of Appeals for the Third Circuit · Jul 29, 2011

    III “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 … There are two related but distinct inquiries in a qualified immunity case.

    Cited 1 timesPublished
  • Nicole Schneyder v. Gina Smith

    Court of Appeals for the Third Circuit · Jul 29, 2011

    III “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 … There are two related but distinct inquiries in a qualified immunity case.

    Cited 1 timesPublished
  • Barber v. Overton

    496 F.3d 449 · Court of Appeals for the Sixth Circuit · Aug 2, 2007

    [T]he next, sequential step is to ask whether the right was clearly, established.” Saucier v. Katz, 533 U.S. 194 , 201, 121 S.Ct. 2151 , 150 L.Ed.2d 272 (2001). … Second, determine whether that right was, at the time the violation occurred, clearly established.

    Cited 79 timesPublished
  • Navarro v. City of South Gate

    81 F. App'x 192 · Court of Appeals for the Ninth Circuit · Nov 14, 2003

    . 1 A finding of qualified immunity depends on a two-part analysis. … If we conclude such a violation could be made out, we must ask whether the right was clearly established. Id.

    Cited 5 timesPublished
  • Jose Manuel Figueroa-Rodriguez v. Aurelio Lopez-Rivera, Etc., Jose Manuel Figueroa-Rodriguez v. Aurelio Lopez-Rivera, Etc., Appeal of Alice Net-Carlo

    878 F.2d 1488 · Court of Appeals for the First Circuit · Apr 22, 1988

    of qualified immunity in cases which fall at one of the ends of the continuum. … In our view, the district court did not err in denying defendant’s motion for partial summary judgment on the basis of qualified immunity.

    Cited 17 timesPublished
  • Sarah v. Bradley

    66 F. App'x 562 · Court of Appeals for the Sixth Circuit · May 27, 2003

    Sarah also argues that the defendants were not entitled to qualified immunity because his claims involve the alleged violation of clearly established constitutional rights. … However, the district court did not rely on qualified immunity as the primary basis for dismissing his claims.

    Cited 2 timesPublished
  • United States Ex Rel. Burlbaw v. Orenduff

    548 F.3d 931 · Court of Appeals for the Tenth Circuit · Nov 28, 2008

    First, the district court held that qualified immunity functions as a defense under the FCA. … Chen, The Facts About Qualified Immunity, 55 Emory L.J. 229, 229-30 (2006) (“The legal system continues to struggle with qualified immunity . . . .”); Charles R.

    Cited 105 timesPublished
  • Vose, Ronald v. Kliment, Donald

    Court of Appeals for the Seventh Circuit · Oct 26, 2007

    immunity against Vose’s claims because the applicable law on the rights of government employees to speak out was not clearly established at the time of the events. … Secondly, they claim that the rights Vose alleges were violated were not clearly established at the time of the relevant events.

    Cited 0 timesPublished
  • Burlington Northern & Santa Fe Railway Co. v. Vaughn

    509 F.3d 1085 · Court of Appeals for the Ninth Circuit · Dec 7, 2007

    As with absolute, qualified, and Eleventh Amendment immunity, tribal sovereign immunity “is an immunity from suit rather than a mere defense to liability; and ... it is effectively lost if a case is erroneously permitted … Clearly it has done so.

    Cited 68 timesPublished
  • Anthony Reed v. Doug Lieurance

    863 F.3d 1196 · Court of Appeals for the Ninth Circuit · Jul 24, 2017

    “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 … The Court also notes that even if Deputy Lieurance were entitled to qualified immunity on Reed’s Fourth Amendment claim, Montana courts do not afford defendants qualified immunity for claimed state constitutional violations

    Cited 130 timesPublished
  • Thompson v. City of Lawrence

    58 F.3d 1511 · Court of Appeals for the Tenth Circuit · Jul 5, 1995

    First the defendant must adequately raise the defense of qualified immunity. … The defendant then has the usual summary judgment burden of establishing that there is no genuine controversy over a material fact which would defeat his claim for qualified immunity and that he is entitled to judgment as

    Cited 68 timesPublished
  • Jamal Ward v. Charles Brotzke

    Court of Appeals for the Sixth Circuit · Jun 12, 2026

    To overcome qualified immunity, Ward must demonstrate “(1) the defendant[s] violated a constitutional right and (2) that right was clearly established” at the time of the incident. Thompson v. … So we conclude that Brotzke is also entitled to qualified immunity. B.

    Cited 0 timesPublished
  • Brandon v. Khan

    Court of Appeals for the Second Circuit · Sep 6, 2024

    City of New York, 331 F.3d 63, 72 (2d Cir. 2003), and an officer is entitled to qualified immunity as to that claim “if he had either probable cause or arguable probable cause,” Dufort v. … In other words, an officer is entitled to qualified immunity “unless no reasonably competent officer could have concluded, based on the facts known at the time[,] . . . that probable cause existed.” Figueroa v.

    Cited 0 timesUnpublished
  • Wheeler v. City Of Pleasant Grove

    746 F.2d 1437 · Court of Appeals for the Eleventh Circuit · Nov 13, 1984

    It did not award damages, however, believing that all defendants had established the qualified immunity defense. … It therefore concluded that all defendants were shielded from monetary liability by the qualified immunity defense. Id. at 209.

    Cited 33 timesPublished
  • Brock v. Presbyterian Healthcare Services, Inc.

    220 F. App'x 842 · Court of Appeals for the Tenth Circuit · Mar 28, 2007

    Courts in New Mexico have established that where an employee consents to the release of information, a former employer enjoys absolute immunity from suit. Baker v. … We need not consider this evidence because the Release and Immunity clearly and unambiguously manifests his intent. See Montoya v.

    Cited 1 timesPublished
  • Miller v. Kennebec County

    219 F.3d 8 · Court of Appeals for the First Circuit · Jul 17, 2000

    Our analysis of a qualified immunity claim has two components. First, we ask whether “the right asserted by the plaintiff was ‘clearly established’ at the time of its alleged violation.” Burns v. … Davis was therefore not entitled to qualified immunity. B.

    Cited 23 timesPublished

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