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  • RAKES v. ROEDERER

    District Court, S.D. Indiana · Oct 18, 2022

    "A public official is entitled to qualified immunity from suit unless he violated a clearly established constitutional right." Dockery v. … A right is clearly established for purposes of qualified immunity where: (1) "a closely analogous case establishes that the conduct is unconstitutional"; or (2) "the violation is so obvious that a reasonable state actor

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  • SNUKIS v. TAYLOR

    District Court, S.D. Indiana · Jun 27, 2022

    To determine whether the Officers are entitled to qualified immunity, the Court must determine whether as of September 13, 2019, the law had clearly established that a police officer violates an arrestee's Fourth Amendment … As Plaintiffs note, in 2017, the Seventh Circuit clearly established that an officer's failure to take any action in light of a detainee's serious medical need precludes qualified immunity. 872 F.3d at 460.

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  • Blackwell-Esters v. City of Detroit

    District Court, E.D. Michigan · Mar 14, 2025

    conduct was ‘clearly established at the time.’” … App’x 437, 447 (6th Cir. 2011) (holding defendants waived arguments as to “clearly established” prong where defendants’ qualified immunity argument was a “one-and-a-half page statement of the law with no attempt

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  • Detreville v. Gurevich

    District Court, D. Colorado · Dec 14, 2022

    Under the doctrine of qualified immunity, “government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory … Alternatively, defendants claim that there was arguable probable cause for plaintiff’s arrest and that plaintiff’s claims should be dismissed under the clearly established prong of the qualified immunity analysis.

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  • Rocha

    District Court, D. Colorado · Mar 10, 2026

    Rocha’s constitutional rights in violation of clearly established law. See Pahls v. … - immunity analysis, where we ask whether a clearly established constitutional right has been violated.”)

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  • Pack

    District Court, E.D. Missouri · May 18, 2026

    Although Pack fails to plausibly allege that Officer Katterhenry or Officer Eder violated his rights, he fares still worse in attempting to show a violation of clearly established rights. … Quick, 909 F.3d 983, 985 (8th Cir. 2018) (noting a police officer is entitled to qualified immunity unless his “conduct violated a clearly established constitutional or statutory right of which a reasonable

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  • EVANS

    District Court, W.D. Pennsylvania · May 5, 2026

    right was clearly established at the time of the violation. … the defendant’s conduct violated a clearly established right.”

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  • Cambre v. Smith

    District Court, E.D. Louisiana · Aug 29, 2019

    ’ conduct was objectively unreasonable in light of then-existing clearly established law. … Helpenstell, 626 Fed.Appx. 453, 459–60 (5th Cir. 2015) (unpublished) (construing Deville as clearly establishing that an officer should receive no qualified immunity if he ‘quickly escalate[s]’ an encounter with a non-threatening

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  • Pritzker v. City of Hudson

    26 F. Supp. 2d 433 · District Court, N.D. New York · Oct 30, 1998

    Qualified Immunity Defendants claim that, even if plaintiff can establish a prima facie case of malicious prosecution, they are entitled to qualified immunity. … “Even where a right is clearly established, an official is entitled to qualified immunity nevertheless if ‘it was objectively reasonable for the public official to believe that his acts did not violate th[at] right[ ].’ ”

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  • Carlyle v. Dejesus

    District Court, M.D. Florida · Jul 30, 2020

    Therefore, he has failed to show the violation of a clearly established constitutional right. Accordingly, Defendants are entitled to qualified immunity. See Buford v. … Forsyth, 472 U.S. 511, 526 (1985) (“Unless the plaintiff’s allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery

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  • Boyd v. City of Warren

    District Court, E.D. Michigan · Mar 30, 2020

    App’x 384, 388 (6th Cir. 2008) (“Because our cases clearly established Lawler’s right to be free from gratuitous force during booking, the district court properly denied Toro qualified immunity.” … In contrast to qualified immunity, this inquiry is subjective. See id. But McCabe and Masserang not only have the initial burden on summary judgment, they also have the burden of establishing governmental immunity.

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  • Dayton v. City of Marco Island

    District Court, M.D. Florida · Nov 5, 2021

    Qualified immunity protects government officials (sued individually) if “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … Because Plaintiffs cannot show a clearly established right, qualified immunity protects Brechnitz. See Fuqua v.

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  • Farag v. United States

    587 F. Supp. 2d 436 · District Court, E.D. New York · Nov 24, 2008

    the defense of qualified immunity, which “shields government officials performing discretionary functions ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … “As a general rule, 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

    Cited 11 timesPublished
  • McCollum v. Drewitz

    District Court, E.D. Wisconsin · Oct 3, 2022

    qualified immunity from suits for damages ‘insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’” … immunity” because the law at the time did not clearly establish that his doing so violated McCollum’s rights.

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  • Lewis v. City of Burnsville

    District Court, D. Minnesota · Oct 31, 2019

    Therefore, at minimum, Frascone has qualified immunity. See Brown v. … City of Golden Valley, 574 F.3d 491, 496 (8th Cir. 2009) (explaining that to defeat qualified immunity, a plaintiff most show both the existence of a right and that the right was clearly established at the time of the

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  • Lipkin

    District Court, D. Connecticut · Mar 31, 2026

    “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.” City of Escondido v. … Moreover, in the First Amendment context, the Second Circuit has recognized that qualified immunity is not available where (1) “specific intent of a defendant is an element of plaintiff’s claim under clearly established

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  • Bisetti v. City Of Austin

    District Court, W.D. Texas · Sep 30, 2022

    The qualified-immunity framework The doctrine of qualified immunity protects public officials from suit and liability for damages under § 1983 unless their conduct violates a clearly established … Thus, in determining qualified immunity, courts engage in a two-step analysis: (1) was a statutory or constitutional right violated on the facts alleged; and (2) did the officer’s actions violate clearly established

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  • Thunderhawk v. Morton, County of, North Dakota

    District Court, D. North Dakota · Nov 6, 2023

    established prong of qualified immunity under the circumstances of this case. … Plaintiffs have failed to provide a factually similar case sufficient to support the clearly established prong of the qualified immunity analysis.

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  • Bissell v. Mata

    District Court, W.D. Texas · Jun 16, 2025

    The Fifth Circuit held that the child protective workers were entitled to qualified immunity because the right to family integrity was not clearly established under those facts. … entitled to qualified immunity.

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  • Reynolds v. California Department of Corrections and Rehabilitation

    District Court, N.D. California · Nov 12, 2019

    clearly established statutory or constitutional rights 1 The doctrine of qualified immunity attempts to balance two important and sometimes competing 2 interests: “the need to hold public officials accountable when … 14 spores—was not clearly established at the time”); Horton v.

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