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District Court, S.D. Indiana · Jun 11, 2021
Qualified Immunity Standard "'Public officials are immune from suit under 42 U.S.C. § 1983 unless they have "violated a statutory or constitutional right that was clearly established … Because "[t]he principle of fair notice pervades the doctrine" of qualified immunity, "clearly established law cannot be framed at a 'high level of generality.'"
Cited 0 timesUnknownDistrict Court, N.D. California · May 3, 2021
Abbey, 263 F.3d 1070, 1074-75 8 (9th Cir. 2001) (in discussing qualified immunity, noting that “there is a clearly established 9 constitutional due process right not to be subjected to criminal charges on the basis … (if this was a prosecutorial decision) or at least qualified immunity (e.g., if she did not know the 15 full circumstances related to the second photo lineup).
Cited 0 timesUnknownDistrict Court, D. Arizona · Jan 30, 2026
Qualified Immunity 14 Qualified immunity shields state actors “from liability for civil damages insofar as 15 their conduct does not violate clearly established statutory … The Court, in its discretion, 26 can “address the clearly established prong of the qualified immunity test first.”
Cited 0 timesUnknownDistrict Court, E.D. New York · Sep 27, 2021
“Qualified immunity attaches when an official’s conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” White v. Pauly, 137 S. … Because there is no clearly established law on this circuit that fabrication of evidence during an administrative bench trial ever violates the Constitution, defendants are entitled to qualified immunity.
Cited 0 timesUnknownCHANLEY v. CITY OF EVANSVILLE INDIANA
District Court, S.D. Indiana · Mar 30, 2023
The Officers argue that they're entitled to qualified immunity on that claim because "an arrestee's Fourth Amendment right to medical care . . . was not a clearly established right on October 28, 2019." … 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
Cited 0 timesUnknownDistrict Court, S.D. Texas · Feb 12, 2024
Clark, 1 F. 4th 411, 421 (5th Cir. 2021) (denying qualified immunity on the basis that prior precedent “clearly established that pretrial detainees have a Fourteenth Amendment right to medical care”). … Because this right was clearly established, they are not entitled to qualified immunity.
Cited 0 timesUnknownGrigorescu v. Board of Trustees of the San Mateo County Community College District
District Court, N.D. California · May 24, 2024
“When the defendants are public officials asserting a qualified immunity 18 defense and the appealed issue is whether a given set of facts establishes that defendants violated 19 clearly established law,” the order … The 9 Ninth Circuit denied the principal qualified immunity, stating that the plaintiff’s “right to express 10 political views, even as a public school teacher, is clearly established.
Cited 0 timesUnknownDistrict Court, District of Columbia · Mar 19, 2009
immunity. … that right was clearly established — in either order).
Cited 0 timesPublishedNosek v. Saipan Sea Ventures, Inc.
District Court, Northern Mariana Islands · Oct 10, 2017
Plaintiff, as the party 10 seeking to invoke jurisdiction, has the burden of establishing that jurisdiction exists. See Kokkonen 11 v. Guardian Life Ins. … of official immunity . . . may be resolved by Rule 12(b)(6) if clearly established by the 16 allegations within the complaint”).
Cited 0 timesUnknownDistrict Court, S.D. Texas · Aug 4, 2025
Once an officer pleads qualified immunity, the plaintiffhas the burden to establish that the officer violated the plaintiff s clearly established federal rights. Jd. at 1088. “This is a demanding standard.” … City of Palestine, 333 F.3d 621, 623 (Sth Cir. 2003) (“Qualified immunity protects officers from suit unless their conduct violates a clearly established constitutional right.”’).
Cited 0 timesUnknownLees v. CDCR/SVSP-LVN Singsong
District Court, N.D. California · Sep 29, 2022
To determine whether an 1 violated a constitutional right, and (2) that right was clearly established at the time of the incident. 2 Pearson, 555 U.S. at 232. … City of Anaheim, 11 343 F.3d 1052, 1061 (9th Cir. 2003) (denying qualified immunity because it is clearly established 12 that crushing an arrestee on ground despite his repeated cries for air and despite fact that his
Cited 0 timesUnknownMcCoy (ID 76894) v. Aramark Correctional Services
District Court, D. Kansas · Feb 16, 2024
This right likely does not exist, and certainly is not clearly estab- lished, so qualified immunity requires dismissal. See Pearson v. … Coats and Zmuda are therefore enti- tled to qualified immunity. See, e.g., Stewart v.
Cited 0 timesUnknownMorris v. Chatham County C.N.T Division
District Court, S.D. Georgia · Jul 14, 2020
Plaintiff contends that Defendant is not entitled to qualified immunity because the manner in which he conducted the search violated clearly-established law.7 (Id.) … was clearly established at the time of the incident.
Cited 0 timesUnknownDistrict Court, D. Colorado · Jan 27, 2020
Early last year, the Supreme Court issued an opinion addressing the “clearly established” prong of a qualified immunity defense for a Fourth Amendment claim, in which the Court re- emphasized that “the clearly established … district court to rebut qualified immunity” and “[b]ecause Plaintiffs did not proffer clearly established authority that Ms.
Cited 0 timesUnknown228 F. Supp. 3d 412 · District Court, E.D. Pennsylvania · Jan 6, 2017
Jones, 225 F.3d 468, 470 (4th Cir. 2000) (“Rule 41(e) does not contain a waiver of sovereign immunity.”); Pena v. … established Fourth Amendment rights”); Crawford v.
Cited 0 timesPublishedDistrict Court, D. Oregon · Aug 19, 2024
Defendants in a Section 1983 action are entitled to qualified immunity from damages for civil liability if their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … For purposes of qualified immunity, “[a] right is clearly established when it is sufficiently clear that every reasonable official would have understood that what he is doing violates that right.” Rivas-Villegas v.
Cited 0 timesUnknownDistrict Court, E.D. Oklahoma · May 16, 2024
Finally, because the right at issue is clearly established, officer Miller is not entitled to qualified immunity. … It was clearly established that once Mr.
Cited 0 timesUnknownDOWNS v. BOROUGH OF JENKINTOWN
District Court, E.D. Pennsylvania · Aug 10, 2020
“The test for qualified immunity is objective.” Beers-Capitol v. Whetzel, 256 F.3d 120, 142 n.15 (3d Cir. 2001). … Litig., 49 F.3d 945, 961 (3d Cir. 1995) (“[I]f the law was established clearly, the official still may obtain qualified immunity if he claims ‘extraordinary circumstances and can prove that he neither knew nor should have
Cited 0 timesUnknownDistrict Court, D. New Jersey · Nov 23, 2020
Because Plaintiff has not stated a claim of a violation of his federal rights, Defendants are also entitled to qualified immunity. See Reichle v. … was clearly established at the time of the challenged conduct.”).
Cited 0 timesUnknownDistrict Court, M.D. Florida · Jul 24, 2025
“In assessing qualified immunity at the motion to dismiss stage, ‘the qualified immunity inquiry and the Rule 12(b)(6) standard become intertwined.’” Aguirre-Jarquin v. … See Wilson, 54 F. 4th at 660 (“[I]t is not necessary to decide both prongs [of the qualified immunity analysis] where it is plain that the right is not clearly established.”).
Cited 0 timesUnknown
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