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  • Fisher v. Harden

    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 timesPublished
  • Robert 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 timesPublished
  • Kay 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 timesPublished
  • Aguilera v. Baca

    510 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 timesPublished
  • Jeremy 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 timesPublished
  • Ward v. County of San Diego

    791 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 timesPublished
  • Paxman v. Campbell

    612 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 timesPublished
  • Vincent v. Warren County

    629 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 timesPublished
  • Breeland 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 timesPublished
  • William 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 timesPublished
  • No. 05-2748

    469 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 timesPublished
  • Stephen 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 timesPublished
  • George Eng v. Thomas A. Coughlin, Iii, Charles J. Scully, Stephen Adler, Charles Hernandez and Donald Selsky, Charles J. Scully and Stephen Adler, George Eng v. Nathaniel Milligan

    858 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 timesPublished
  • Doe 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 timesPublished
  • Houston 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 timesPublished
  • Martin Camacho v. Symra D. Brandon and City of Yonkers, New York, Gordon Burrows, Individually and John Spencer, Individually

    317 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 timesPublished
  • Rhonda Collins Barbara Hall Suzanne Jacks Ileana Bergere Chris Martin Natalie Nickle Sandra Perpignani Thomas Stolmar v. Frank Jordan, James Arnold John Newlin Walter Cullop, Rhonda Collins Barbara Hall Suzanne Jacks Ileana Bergere Chris Martin Natalie Nickle Sandra Perpignani Thomas Stolmar v. Frank Jordan, Rhonda Collins Barbara Hall Suzanne Jacks Ileana Bergere Chris Martin Natalie Nickle Sandra Perpignani Thomas Stolmar v. Frank Jordan, Richard Hongisto

    102 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 timesPublished
  • Knox, Paul v. Smith, Deborah

    Court 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 timesPublished
  • Jones v. King

    Court 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 timesPublished
  • Matheis v. Fritton

    128 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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