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District Court, W.D. New York · Aug 29, 2019
Qualified Immunity “The doctrine of qualified immunity shields officials from civil liability so long as their conduct ‘does not violate clearly established statutory or … was ‘clearly established’ at the time of defendant’s alleged misconduct.”
Cited 0 timesUnknownDistrict Court, D. Oregon · Mar 26, 2024
Relatedly, Defendants point out that the F&R does not include a discussion of qualified immunity as to Medary and Skinner for Plaintiffs’ Third Claim, despite qualified immunity having been raised in Defendants’ … established.
Cited 0 timesUnknownRAYNER v. THE COUNTY OF CHESTER
District Court, E.D. Pennsylvania · May 6, 2025
Sept. 1, 2020) (“Because a Fourteenth Amendment procedural due process right against malicious prosecution was not clearly established in 2008—and is still not clearly established for that matter—the Court grants qualified … “If a court concludes that an officer's conduct did violate a clearly established constitutional right, then it must deny him the protection afforded by qualified immunity.” Curley, 298 F.3d at 277.
Cited 0 timesUnknownDistrict Court, N.D. Texas · Jan 4, 2022
Serpas, 745 F.3d 767, 771 (Sth Cir. 2014) (“Once the defendant raises the qualified immunity defense, ‘the burden shifts to the plaintiff to rebut this defense by establishing that the official’s allegedly wrongful conduct … violated clearly established law.’”
Cited 0 timesUnknownThe Estate of Gary Brannon v. Franklin
District Court, M.D. Alabama · Sep 6, 2024
Qualified immunity immunizes Sheriff Franklin from liability if the Second Amended Complaint fails to state a violation of a “clearly established statutory or constitutional right[] of which a reasonable person would have … “It is therefore appropriate for a district court to grant the defense of qualified immunity at the motion to dismiss stage if the complaint ‘fails to allege the violation of a clearly established constitutional right.’
Cited 0 timesUnknownDistrict Court, N.D. California · Mar 23, 2021
was “clearly established” at the time of the alleged misconduct. … 27 Fever spores—was not clearly established at the time”); Horton v.
Cited 0 timesUnknownDistrict Court, E.D. California · Oct 1, 2025
of showing that the 27 rights allegedly violated were ‘clearly established.’” … constitutes an Eighth Amendment violation, defendant is entitled 12 to qualified immunity. 13 Qualified immunity protects “all but the plainly 14 incompetent or those who knowingly
Cited 0 timesUnknownDistrict Court, W.D. Missouri · Nov 30, 2018
that right was clearly established at the time of the employee’s firing.” … Regarding step two of the qualified immunity analysis, “[f]or a constitutional right to be clearly established, its contours ‘must be sufficiently clear that a reasonable official would understand that what he is doing
Cited 0 timesUnknownDistrict Court, W.D. Missouri · Nov 30, 2018
that right was clearly established at the time of the employee’s firing.” … Regarding step two of the qualified immunity analysis, “[f]or a constitutional right to be clearly established, its contours ‘must be sufficiently clear that a reasonable official would understand that what he is doing
Cited 0 timesUnknownBailey v. Michigan Department of Corrections
District Court, E.D. Michigan · Aug 25, 2023
“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.” Crawford v. … The Seventh Circuit affirmed the denial of qualified immunity, reasoning that a claim for inadequate ventilation was clearly established and plaintiffs plausibly alleged a violation of their rights.
Cited 0 timesUnknownDistrict Court, W.D. Missouri · Nov 30, 2018
that right was clearly established at the time of the employee’s firing.” … Regarding step two of the qualified immunity analysis, “[f]or a constitutional right to be clearly established, its contours ‘must be sufficiently clear that a reasonable official would understand that what he is doing
Cited 0 timesUnknownDistrict Court, N.D. Texas · Feb 24, 2022
Serpas, 745 F.3d 767, 771 (Sth Cir. 2014) (“Once the defendant raises the qualified immunity defense, ‘the burden shifts to the plaintiff to rebut this defense by establishing that the official’s allegedly wrongful conduct … violated clearly established law.’”
Cited 0 timesUnknownDistrict Court, W.D. Wisconsin · Mar 14, 2025
Even if prison officials violate the Constitution, they are entitled to qualified immunity absent proof of a violation of clearly established law. Tousis v. Billiot, 84 F.4th 692, 698 (7th Cir. 2023). … Thus, the court must deny summary judgment as to both, including on qualified immunity grounds. See Hardeman v.
Cited 0 timesUnknownDistrict Court, D. Connecticut · Aug 16, 2022
In order for a plaintiff to overcome a defense of qualified immunity, a plaintiff must show that the defendant violated a right of the plaintiff that was clearly established law at the time of the conduct in question. … App’x 533, 535 (2d Cir. 2004) (dismissing qualified immunity appeal because employee’s right to be free from racially discriminatory imposition of a probationary period was clearly established in 2004).
Cited 0 timesUnknownDistrict Court, D. Massachusetts · Aug 25, 2023
Katz, 533 U.S. 194 (2001), a qualified immunity case involving allegations of the excessive use of force in restraining an unruly crowd of demonstrators protesting an appearance by the Vice President, the Supreme Court … Isbell, 207 F.3d 1253, 1257 (11th Cir. 2000) (trial court erred in refusing to grant qualified immunity where plaintiff could point to nothing ambit of reasonableness).
Cited 0 timesUnknownDistrict Court, S.D. Ohio · Nov 30, 2020
“Qualified immunity is applicable unless the official’s conduct violated a clearly established constitutional right.” Pearson, 555 U.S. at 232. … The right to be free from arrest without probable cause was clearly established in 2016 for purposes of a qualified immunity analysis. See, e.g., Radvansky v.
Cited 0 timesUnknownDistrict Court, District of Columbia · Mar 31, 2009
Qualified Immunity "[G]overnment officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … However, "[ a] plaintiff who seeks damages for violation of constitutional or statutory rights may overcome the defendant official's qualified immunity only by showing that those rights were clearly established at the time
Cited 0 timesPublishedMORAN v. HAWTHORNE POLICE DEPARTMENT
District Court, D. New Jersey · Mar 18, 2025
The Officer Defendants contend that they are entitled to qualified immunity. However, those arguments presently “rest on what are currently contested factual averments.” Velardo v. … City of Elizabeth, 436 F. 3d 397, 405 (3d Cir. 2006) (“Although qualified immunity is a question of law determined by the Court, when qualified immunity depends on disputed issues of fact, those issues must be determined
Cited 0 timesUnknownNiewolak v. CITY OF HIGHLAND PARK, MI
District Court, E.D. Michigan · Jul 19, 2022
With respect to qualified immunity, as to the “clearly established” prong, “[t]he law is clear in this Circuit regarding the prohibition against excessively forceful handcuffing.” Baynes v. … City of Troy, 247 F.3d 633, 641 (6th Cir. 2001) (the right to be free from “excessively forceful handcuffing” is clearly established for qualified immunity purposes).
Cited 0 timesUnknownDistrict Court, W.D. Missouri · Nov 30, 2018
that right was clearly established at the time of the employee’s firing.” … Regarding step two of the qualified immunity analysis, “[f]or a constitutional right to be clearly established, its contours ‘must be sufficiently clear that a reasonable official would understand that what he is doing
Cited 0 timesUnknown
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