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  • Gallant v. Cole <b> <font color="RED"> Do Not File in this Case - Case Consolidated, file in Case No. 18-CV-03241-SRB . </b> </font>

    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 timesUnknown
  • Wilmot v. Tracey

    938 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 timesPublished
  • Saez v. Judicial Branch

    District 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 timesUnknown
  • Wells v. Cole <b> <font color="RED"> Do Not File in this Case - Case Consolidated, file in Case No. 18-CV-03241-SRB . </b> </font>

    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 timesUnknown
  • Burns v. Cole <b> <font color="RED">THIS IS CONSOLIDATED WITH CASE 6:18-cv-03246-SRB. ALL PLEADINGS ARE TO BE FILED IN THIS CASE. </b> </font>

    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 timesUnknown
  • Mills 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 timesUnknown
  • Tidwell v. Gomez

    District 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 timesUnknown
  • Estep v. Combs

    District 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 timesUnknown
  • MORAN 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 timesUnknown
  • Reynolds-Marshall v. Hallum

    162 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 timesPublished
  • Johnson v. Rowe

    District 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 timesUnknown
  • Penate v. Kaczmarek

    District 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 timesUnknown
  • Rivera v. Redfern

    District 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 timesUnknown
  • Jones

    District 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 timesUnknown
  • Wilcox v. Batiste

    360 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 timesPublished
  • Keil v. TRIVELINE

    720 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 timesPublished
  • Pueblo 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 timesPublished
  • Petsche v. Hruby

    District 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 timesUnknown
  • Rouse v. Florio

    District 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 timesUnknown
  • Ballard v. Cope

    District 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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