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Court of Appeals for the Sixth Circuit · Feb 25, 2005
the officers were entitled to qualified immunity. … In 2001, the Court established a two-part test for determining whether qualified immunity applies. Saucier v. Katz, 533 U.S. 194, 201 (2001).
Cited 0 timesPublishedRobert G. Knoche v. William Wheatley
73 F.3d 364 · Court of Appeals for the Seventh Circuit · Dec 20, 1995
Under the doctrine of qualified immunity, public officials performing discretionary functions are protected against civil liability if "their conduct does not violate clearly established statutory or constitutional rights … prosecution). 4 14 Because Wheatley did not violate clearly established constitutional rights of which a reasonable person would have known, he is entitled to qualified immunity.
Cited 0 timesPublishedKay Electric Cooperative v. City of Newkirk
647 F.3d 1039 · Court of Appeals for the Tenth Circuit · Jul 29, 2011
How clearly must a state legislature articulate its authorization of anticompetitive municipal conduct to trigger antitrust immunity? … than a court’s ruling on whether a particular business at a particular time and in a particular place qualifies as a “natural” monopoly.
Cited 13 timesPublished510 F.3d 1161 · Court of Appeals for the Ninth Circuit · Dec 27, 2007
If we answer in the affirmative, we proceed to determine whether that right was “clearly established” such that “it would be clear to a reasonable officer that his conduct was unlawful in the situation he confronted.” … If we determine at the first step that no constitutional violation occurred, the qualified immunity inquiry is at an end. See id. at 201, 121 S.Ct. 2151 .
Cited 85 timesPublishedJeremy Rowles v. Curators of the Univ. of MO
983 F.3d 345 · Court of Appeals for the Eighth Circuit · Dec 18, 2020
To survive Appellees’ qualified immunity defense, Rowles must show that Appellees deprived him of a constitutional right and that his -11- constitutional right was clearly established … immunity because Rowles cannot show that he was deprived of a clearly established constitutional right.
Cited 56 timesPublished791 F.2d 1329 · Court of Appeals for the Ninth Circuit · Mar 3, 1986
Upon remand, the district court granted Duffy’s motion for summary judgment holding that because the law was not clearly established at the time of the strip search, Duffy enjoyed qualified, good faith immunity from personal … IMMUNITY Government officials performing discretionary functions are shielded from liability for civil damages if their conduct does not violate “clearly established statutory or constitutional rights of which a reasonable
Cited 122 timesPublished612 F.2d 848 · Court of Appeals for the Fourth Circuit · Jan 2, 1980
We hold that the defense of qualified immunity applies to this case and is sustained as a matter of law. *856 In Wood v. … Implicit in the idea that officials have some immunity — absolute or qualified — for their acts, is a recognition that they may err.
Cited 52 timesPublished629 F. App'x 735 · Court of Appeals for the Sixth Circuit · Oct 28, 2015
The district court granted summary judgment in favor of Strode, holding that he was entitled to qualified official immunity on the negligence claims against him. Id. at 448 . … On appeal, we reversed the district court’s ruling that Strode was entitled to qualified official immunity on the negligence claims, but affirmed on all other issues. Id. at 448-53 .
Cited 7 timesPublishedBreeland v. Hide-A-Way Lake, Inc.
585 F.2d 716 · Court of Appeals for the Fifth Circuit · Nov 17, 1978
not qualified to do business within the state. … The privileges and immunities clause provides as follows: “The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.” U.S.Const, art. IV, § 2, cl. 1. . C. H.
Modified on other grounds by Breeland v. Hide-A-Way Lake, Inc., 593 F.2d 22 (1979)Cited 29 timesPublishedWilliam E. Grant v. Louis J. Hollenbach and William C. Grimes
870 F.2d 1135 · Court of Appeals for the Sixth Circuit · Mar 28, 1989
Even if not entitled to absolute immunity, a prosecuting attorney may claim qualified immunity. 4 To distinguish between conduct entitled to absolute immunity and conduct entitled to qualified immunity, “the critical inquiry … But the alternative of qualifying a prosecutor’s immunity would disserve the broader public interest.
Cited 197 timesPublished469 F.3d 1 · Court of Appeals for the First Circuit · Nov 14, 2006
QUALIFIED IMMUNITY 11 The parameters of qualified immunity are well settled and we need plow no new ground. … It was clearly established law at the time of the search that a warrant must describe the things to be seized with particularity.
Cited 0 timesPublishedStephen Gerard Rodi v. Donald R. Ventetuolo
941 F.2d 22 · Court of Appeals for the First Circuit · Aug 5, 1991
the merits is not necessarily entitled to prevail on the issue of qualified immunity- Amsden v. … established in mid-1987, the defendants were entitled to the benefit of their qualified immunity.
Cited 101 timesPublished858 F.2d 889 · Court of Appeals for the Second Circuit · Oct 4, 1988
of law which were "clearly established at the time an action occurred." … Milligan's omissions in 1983 did not then constitute a violation of Eng's "clearly established" rights, and Milligan could properly invoke the defense of qualified immunity from suit. B.
Cited 0 timesPublishedDoe v. University of Massachusetts
Court of Appeals for the First Circuit · Jul 25, 2025
Qualified Immunity When public officials, like the Individual Defendants, are sued in their personal capacity for money damages, the doctrine of qualified immunity shields them from pecuniary … To be clearly established, there must be "controlling authority or a robust consensus of cases of persuasive authority, clearly demonstrating the violative nature of the defendant's particular conduct."
Cited 0 timesPublishedHouston Community Hospital v. Blue Cross & Blue Shield of Texas, Inc.
481 F.3d 265 · Court of Appeals for the Fifth Circuit · Mar 9, 2007
or qualified immunity. … is not dispositive as to whether a suit against BCBST may proceed in an alternate forum; it clearly cannot.
Cited 39 timesPublished317 F.3d 153 · Court of Appeals for the Second Circuit · Jan 10, 2003
Legislative Immunity In reaching the merits of Camacho’s claims, we have not here been presented with the question of whether political decisions of this sort would entitle a defendant to qualified or absolute immunity. … We do not address qualified immunity because Defendants’ initial appeal of the District Court’s denial of qualified immunity was untimely. See Camocho II, 236 F.3d at 117 .
Cited 66 timesPublished102 F.3d 406 · Court of Appeals for the Ninth Circuit · Dec 4, 1996
Thus, we have jurisdiction to consider Hongisto's legal contention that he is entitled to qualified immunity because the law was not clearly established that, given the events of the previous day, an order to ban all demonstrations … Such conduct would violate clearly established First and Fourth Amendment rights. 39 Jordan's second contention is that he is entitled to qualified immunity because the plaintiffs have neither demonstrated a sufficient causal
Cited 0 timesPublishedCourt of Appeals for the Seventh Circuit · Aug 26, 2003
Smith moved for summary judgment on both claims on grounds of qualified immunity. … Saucier, 533 U.S. at 202 (“If no constitutional right would have been violated were the allegations established, there is no necessity for further inquiries concerning qualified immunity.”).
Cited 0 timesPublishedCourt of Appeals for the Fifth Circuit · Aug 1, 2025
“It is well established that judges enjoy absolute immunity for judicial acts performed in judicial proceedings.” 5 Indeed, “immunity applies even when the judge is accused of acting maliciously and corruptly.” 6 There are … The officials’ appeal concerns judicial immunity for presiding over the jury proceeding. Plaintiffs’ cross- appeal concerns judicial, quasi-judicial, and qualified immunity for actions related to contempt orders.
Cited 0 timesPublished128 F. App'x 787 · Court of Appeals for the Second Circuit · Mar 31, 2005
“In general, police officers are entitled to qualified immunity if (1) their conduct does not violate clearly established constitutional rights, or (2) it was objectively reasonable for them to believe their acts did not … Garretto, 147 F.3d 91, 94 (2d Cir.1998) (“The first inquiry to be made concerning qualified immunity is whether the plaintiff has ‘alleged the violation of a clearly established constitutional right.’ ”) (citation omitted
Cited 0 timesPublished
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