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District Court, W.D. Wisconsin · Dec 23, 2020
I also conclude that Bohnsack is not entitled to qualified immunity. See Locke v. … Haessig, 788 F.3d 662, 666 (7th Cir. 2015) (“The defense of qualified immunity protects government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or
Cited 0 timesUnknownJ.E. ex rel. Edwards v. Center Moriches Union Free School District
898 F. Supp. 2d 516 · District Court, E.D. New York · Sep 22, 2012
Defendants Qualified Immunity Defense Defendants argue that the individual defendants are all protected by the qualified immunity defense. … “The qualified immunity doctrine shields governmental officials performing discretionary functions from liability for *559 civil damages ‘insofar as their conduct does not violate clearly established statutory or constitutional
Cited 24 timesPublishedGray v. Washington State Department of Transportation
District Court, W.D. Washington · Oct 11, 2023
Plaintiffs must assert that the Individual 9 Defendants violated a clearly established federal right in order to surmount their qualified 10 immunity defense. See Lindsey v. … Shalmy, 29 F.3d 1382, 1384 (9th Cir. 1994) (noting that the 11 doctrine of qualified immunity does not apply to “clearly established federal rights.”) (emphasis 12 added).
Cited 0 timesUnknown315 F. Supp. 3d 1026 · District Court, E.D. Illinois · May 29, 2018
Qualified immunity protects officials from civil liability if their conduct "does not violate clearly established statutory or constitutional rights of which a reasonable person would have known." Pearson v. … The qualified immunity defense focuses instead on whether the official defendant's conduct violated a clearly established constitutional right. (emphasis in original) ); Fields II , 740 F.3d at 1114 .
Cited 16 timesPublishedBradley v. DuPage County Sheriff's Office
District Court, N.D. Illinois · Mar 29, 2021
To determine whether qualified immunity applies, the court asks two questions: (1) whether Kuschell violated a constitutional right; and (2) whether that “right was ‘clearly established’ at the time of the challenged conduct … any clearly established right.”
Cited 0 timesUnknownDistrict Court, D. Colorado · Sep 30, 2019
Maynard, 937 F.2d 1521 (10th Cir. 1991), does not discuss the qualified immunity doctrine at all, providing no support for plaintiff’s position that the right at issue here was clearly established. … Young, 780 F.3d 998, 1015 (10th Cir. 2015) (where plaintiffs had failed to carry burden of identifying cases that constituted clearly established law, defendants were entitled to qualified immunity).
Cited 0 timesUnknownDistrict Court, E.D. Wisconsin · May 19, 2021
Haugen, 543 U.S. 194, 198 (2004); accord Sheehan, 575 U.S. at 613 (“Qualified immunity is no immunity at all if ‘clearly established’ law can simply be defined as the right to be free from unreasonable searches and seizures … Because no clearly established law supports the claim against Lt. Zeigle, he is entitled to qualified immunity. G.
Cited 0 timesUnknownFleury v. Polk County Sheriff's Office
District Court, E.D. Michigan · Nov 26, 2024
that right was clearly established at the time of the defendant’s alleged misconduct.” … Pauly, 580 U.S. 73, 79 (2017) (reiterating that “the clearly established law must be ‘particularized’ to the facts of the case” to overcome qualified immunity (quoting Anderson v.
Cited 0 timesUnknownDistrict Court, D. Connecticut · May 10, 2022
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 … was “clearly established.”
Cited 0 timesUnknownDistrict Court, E.D. Missouri · Oct 15, 2025
“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 … was ‘clearly established.’”
Cited 0 timesUnknownDistrict Court, M.D. Pennsylvania · Jan 12, 2022
The doctrine of qualified immunity provides that government officials performing “discretionary functions,” are shielded from suit if their conduct did not violate a “clearly established statutory or constitutional right … if so, 2) whether those rights were “clearly established” at the time of the incident.
Cited 0 timesUnknownEstate of Devin Katzfey v. Dittman, Michael
District Court, W.D. Wisconsin · Jan 5, 2022
Qualified Immunity Finally, defendants argue that they are entitled to qualified immunity because it would not have been clear to reasonable officials in their positions that their actions … Once a government official raises the qualified immunity defense, a plaintiff must show: (1) he suffered a violation of a statutory or constitutional right; and (2) the law was “clearly established at the time of the alleged
Cited 0 timesUnknownDistrict Court, S.D. New York · Sep 10, 2024
the right at issue was clearly established when it was allegedly violated.” … - established step of a court’s] qualified immunity analysis.”
Cited 0 timesUnknownDistrict Court, E.D. California · Jul 13, 2021
No. 67 23 at 24). 24 Qualified immunity shields government officials from money damages unless their 25 conduct violated “clearly established statutory … Rowland, 65 F.3d 802, 806 & n.4 (9th Cir. 1995) (“The 20 prohibition against retaliatory punishment [for filing prison grievances] is ‘clearly established 21 law’ in the Ninth Circuit, for qualified immunity purposes.
Cited 0 timesUnknownMoncrief v. City of Montgomery (CONSENT)
District Court, M.D. Alabama · Sep 10, 2024
“Qualified immunity ‘shields officials from civil liability so long as their conduct “does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”’” Odom v. … Because Plaintiffs failed to carry their burden to establish that Finley violated their constitutional rights, Finley is entitled to qualified immunity on Counts II and IV. C.
Cited 0 timesUnknownDistrict Court, W.D. Virginia · Aug 12, 2019
immunity. … Harris, 65 F.3d 347, 359 (4th Cir. 1995) (holding that when resolution of qualified immunity question and case itself both depend upon a determination of what actually happened, summary judgment on grounds of qualified
Cited 0 timesUnknownDistrict Court, W.D. Pennsylvania · Jul 18, 2023
The individual County Defendants separately raise qualified immunity defenses. … Lapina, 258 F.3d 156, 161 (3d Cir. 2001) (“Qualified immunity will be upheld on a 12(b)(6) motion only when the immunity is established on the face of the complaint.”). II.
Cited 0 timesUnknownTALLEY v. PENNSYLVANIA DEPT. OF CORRECTIONS
District Court, E.D. Pennsylvania · Mar 21, 2024
be entitled to qualified immunity because the Amended Complaint has failed to clearly identify how the clerk violated Plaintiff’s constitutional or statutory rights. See Mirabella v. … right, and (2) that the right was ‘clearly established’ at the time of the challenged conduct.”); Williams v.
Cited 0 timesUnknownDistrict Court, D. Arizona · Mar 26, 2026
Qualified Immunity 22 A defendant in a § 1983 action is entitled to qualified immunity from damages for 23 civil liability if his conduct does not violate clearly established … The “qualified immunity 3 inquiry” asks if the right was clearly established at the relevant time.
Cited 0 timesUnknownDistrict Court, E.D. New York · Sep 25, 2019
Eighth, Judge Bloom recommended that the Court deny the motion to dismiss on qualified immunity grounds because the State Defendants “fail to articulate the ‘clearly established right’ upon which they base their qualified … Qualified Immunity “Qualified immunity protects officers from suit so long as ‘their conduct does not violate clearly established statutory or constitutional rights of which
Cited 0 timesUnknown
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