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District 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 timesUnknown938 F. Supp. 2d 116 · District Court, D. Massachusetts · Mar 28, 2013
“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 person … “[T]he second, ‘clearly established’ step of the qualified immunity analysis ... in turn, has two aspects.” Maldonado, 568 F.3d at 269 .
Cited 14 timesPublishedDistrict 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, 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 timesUnknownMills v. Cole Do Not File in this Case - Case Consolidated, file in Case No. 18-CV-03241-SRB .
District Court, W.D. Missouri · Nov 30, 2018
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 … ] was not entitled to qualified immunity”), and Nord, 757 F.3d at 744 (because government’s interests outweighed the deputy sheriff’s under Pickering-Connick, county sheriff’s “actions did not violate a clearly established
Cited 0 timesUnknownDistrict Court, N.D. Texas · Feb 1, 2021
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, E.D. Kentucky · Jun 17, 2020
This would cloak Combs in qualified immunity. See Phillips, 786 F. … See, e.g., DE 55-1 at 16–18, 21–22.21 However, the Sixth Circuit has explicitly held that “freedom from excessively forceful or unduly tight handcuffing is a clearly established right for purposes of qualified immunity
Cited 0 timesUnknownMORAN 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 timesUnknown162 B.R. 51 · District Court, D. Maine · Dec 29, 1993
That rule provides that “[findings of fact ... shall not be set aside unless clearly erroneous.” B.R. 8013. This Court will review determinations of law de novo. A. … In Davenport , the Supreme Court indicated that the legislative history of the Bankruptcy Code “reflects Congress’ broad rather than restrictive view of the class of obligations that qualify as a ‘claim’ giving rise to a
Cited 14 timesPublishedDistrict Court, D. Connecticut · Jun 27, 2025
Defendants bear of the burden of establishing qualified immunity. Outlaw v. … The defendants have not met their burden of establishing qualified immunity at the pleadings stage.
Cited 0 timesUnknownDistrict Court, D. Massachusetts · Dec 7, 2018
A defendant is entitled to the protection of qualified immunity when his “conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Kisela v. … Hughes, 138 S.Ct. 1148, 1152 (2018) (holding that qualified immunity protected a police officer in a Fourth Amendment context because the officer’s conduct did not violate clearly established law) (quotations omitted).
Cited 0 timesUnknownDistrict Court, M.D. Pennsylvania · Feb 21, 2023
Thus, the court may forego difficult constitutional issues and award qualified immunity to a defendant if it is apparent that the defendant did not violate rights that were clearly established at the time the defendant … “If neither source provides relevant caselaw, we consider whether ‘a robust consensus of cases of persuasive authority in the Court of Appeals could clearly establish a right for purposes of qualified immunity.’ Id.
Cited 0 timesUnknownDistrict Court, E.D. Michigan · Dec 29, 2025
Qualified Immunity Defendants also assert that the claims against Sheriff King must be dismissed under qualified immunity. … Nor is Sheriff King entitled to qualified immunity under the Elrod/Branti defense.
Cited 0 timesUnknown360 F. Supp. 3d 1112 · District Court, E.D. Washington · Dec 21, 2018
Qualified Immunity The parties also dispute whether Chief Batiste is entitled to qualified immunity from monetary damages. 3 ECF No. 35 at 9; ECF No. 56 at 14. … The Court begins by assessing whether the right that Chief Batiste is alleged to have violated is clearly established. *1124 A right from a federal statute or the constitution is clearly established when a reasonable official
Cited 9 timesPublished720 F. Supp. 2d 1088 · District Court, W.D. Missouri · Jun 24, 2010
However, subsequent United States Supreme Court cases reveal that limited discovery on the qualified immunity issue is allowed, so long as the plaintiffs allegations state a violation of clearly established law. … In Mitchell, the Court opined, Unless the plaintiffs allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery
Cited 1 timesPublishedPueblo of Pojoaque v. New Mexico
214 F. Supp. 3d 1028 · District Court, D. New Mexico · Sep 30, 2016
Qualified Immunity Motion Reply at 9. With respect to the clearly established prong, the Individual Defendants argue that the Plaintiffs still fail to establish a violation of a clearly established right. … Clearly Established Rights in the Qualified Immunity Analysis.
Cited 18 timesPublishedDistrict Court, N.D. Ohio · Mar 26, 2025
The Individual Defendants assert qualified immunity on the § 1983 claims and statutory immunity under Chapter 2744 on the state law claim. … was clearly established at the time of the defendant’s alleged misconduct.”).
Cited 0 timesUnknownDistrict Court, D. Maryland · Sep 30, 2019
The doctrine of qualified immunity shields government officials “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … established at the time for qualified immunity purposes).
Cited 0 timesUnknownDistrict Court, E.D. Kentucky · Feb 1, 2023
Qualified Immunity and Qualified Official Immunity Defendants also argue that Cope is protected from Ballard’s federal claims by qualified immunity and from Ballard’s state law claims by … Kentucky’s qualified official immunity doctrine.
Cited 0 timesUnknown
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