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  • Henriquez v. Farmers Branch Texas

    District Court, N.D. Texas · Dec 8, 2021

    The established procedure under which courts must address qualified immunity, once asserted, therefore “prevents a defendant entitled to immunity from being compelled to bear the costs of discovery and other pre-trial … to qualified immunity.

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  • Hughes v. City of Houston

    District Court, S.D. Texas · Nov 10, 2022

    of qualified immunity. … The opinion further notes that qualified immunity should have been granted even if a constitutional violation had been pled because (1) “much more is needed” to demonstrate a clearly established law than for a court to

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  • Raden v. Fleming

    District Court, M.D. Alabama · Sep 19, 2025

    Qualified immunity protects government officials from suit when they perform “discretionary functions” and “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … the Defendants are entitled to qualified immunity.

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  • Perkins

    District Court, M.D. Alabama · Feb 17, 2026

    Qualified Immunity Qualified immunity shields government officials from personal liability “for civil damages insofar as their conduct does not violate clearly established … allege a violation of clearly established law.”

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  • Daugevelo v. County Of Sullivan

    District Court, S.D. New York · Dec 22, 2020

    The doctrine of qualified immunity protects officials from liability for civil damages when, “(a) the defendant’s action did not violate clearly established law, or (b) it was objectively reasonable for the defendant to … If an officer’s belief that his action does not violate clearly established law is “objectively reasonable,” he is shielded from liability by qualified immunity. Cooper v. City of New Rochelle, 925 F.

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  • Burkhart v. Saxbe

    596 F. Supp. 96 · District Court, E.D. Pennsylvania · Aug 22, 1984

    Whether an official may prevail in his qualified immunity defense depends upon the “objective reasonableness of [his] conduct as measured by reference to clearly established law.” ... … No other “circumstances” are relevant to the issue of qualified immunity. We conclude that the District Court correctly held that appellee has demonstrated no violation of his clearly established constitutional rights.

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  • (PC) Melendez v. Diaz

    District Court, E.D. California · Jul 2, 2024

    The law is also “clearly established” for the purposes of qualified immunity 17 if “every reasonable official would have understood that what he is doing violates th[e] right” at 18 issue. Taylor v. … In other words, the correctional 16 officer was entitled to qualified immunity if there was no clearly established right to properly 17 conducted security checks.

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  • ESTATE OF ANDRE ALEXANDER GREEN v. CITY OF INDIANAPOLIS

    District Court, S.D. Indiana · Nov 13, 2019

    Qualified immunity “[Q]ualified immunity shields officials from civil liability so long as their conduct ‘does not violate clearly established statutory or constitutional … Dkt. 38 at 30.1 The Court exercises its discretion to begin with the second, “clearly established law” prong of the qualified-immunity test. See Pearson, 555 U.S. at 236. Mr.

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  • (PC) Williams v. Pilkerten

    District Court, E.D. California · May 13, 2020

    Qualified 19 immunity shields government officials from civil damages unless their conduct violates “clearly 20 established statutory or constitutional rights of which a reasonable person would have known.” 21 Harlow … right, and if so, whether 28 the right was clearly established.

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  • Goard v. Crown Auto, Inc.

    170 F. Supp. 3d 915 · District Court, W.D. Virginia · Mar 21, 2016

    Defendants’ have failed to establish Qualified Immunity Howard, Ball, Cook, and McKinley assert that qualified immunity shields them from liability for their actions. Dkt. 28 at 4.. … established' for purposes of qualified immunity.

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  • DelPriore v. McClure

    District Court, D. Alaska · Jan 3, 2020

    Qualified Immunity The doctrine of qualified immunity shields government actors from civil liability under § 1983 if “their conduct does not violate clearly established statutory … City of Fresno, 918 F.3d 1031, 1035 (9th Cir. 2019). 67 See Pearson, 555 U.S. at 232 (“Qualified immunity is applicable unless the official’s conduct violated a clearly established constitutional right

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  • Heard, Anthony v. HSUM Adams

    District Court, W.D. Wisconsin · Jul 31, 2025

    Under the doctrine of qualified immunity, a plaintiff may not obtain damages for a constitutional violation against a public official unless the plaintiff shows that the official violated clearly established … For purposes of qualified immunity, that legal duty need not be litigated and then established disease by disease or injury by injury.”).

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  • Froemming v. City of West Allis

    District Court, E.D. Wisconsin · Feb 5, 2021

    Qualified immunity provides government officials a shield from civil liability under § 1983 “insofar as their [discretionary] conduct does not violate clearly established statutory or constitutional rights of which a … To defeat a defense of qualified immunity, a plaintiff need not point to a case that is 4Courts may exercise “their sound discretion in deciding which of the two prongs of the qualified-immunity analysis should be

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  • Anderson v. California Department of Correction

    District Court, N.D. California · Mar 14, 2022

    Qualified Immunity 21 Defendant Ferguson argues that he is entitled to qualified immunity because he did not 22 violate Plaintiff’s Eight Amendment rights and because it … To determine whether an 11 officer is entitled to qualified immunity, the Court must consider whether (1) the officer’s conduct 12 violated a constitutional right, and (2) that right was clearly established at the time

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  • Blanton v. Kooser

    District Court, D. Kansas · May 30, 2024

    Kooser and Huffman invoke qualified immunity in response to Blanton’s claim. Doc. 18 at 6, 10. Qualified immunity attempts to bal- ance competing interests. … If she states a constitutional claim, the next question is whether the law was clearly established. Discerning whether the relevant legal rule was clearly established is a narrow and context-specific exercise.

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  • SUMMERVILLE v. NEW JERSEY STATE TROOPERS JOHN DOES 1-10

    District Court, D. New Jersey · Apr 8, 2022

    Gregory was entitled to qualified immunity for the initial stop, while holding that DSFC Ciano was entitled to qualified immunity. … The second prong of qualified immunity asks whether the right at issue was so clearly established that the officer should have known that he or she was committing a constitutional violation under the circumstances.

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  • Freeman v. Horst

    District Court, D. Colorado · Dec 14, 2023

    Once a defendant has asserted a defense of qualified immunity, the burden shifts to the plaintiff, who must establish that (1) the defendant violated a constitutional right, and (2) the right was clearly established at … Larsen, the Tenth Circuit did not expressly discuss the federal doctrine of qualified immunity or whether it was clearly established that reckless driving could violate the Eighth Amendment of the United States Constitution

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  • Bergquist v. Milazzo

    District Court, N.D. Illinois · Sep 28, 2021

    In the absence of any clearly established precedent forbidding the officers from taking action under these circumstances, Defendants remain entitled to qualified immunity on Plaintiff’s Fourth Amendment claims. … Ways, 999 F.3d 478, 491 (7th Cir. 2021) (noting that a plaintiff overcoming a qualified immunity defense must show that the wrongfulness of the defendant’s conduct was clearly established).

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  • Campbell v. Arizona, State of

    District Court, D. Arizona · Feb 13, 2023

    Cortez, 34 F.4th 783 (9th Cir. 2 2022) (granting motion to dismiss based on qualified immunity because plaintiffs failed to 3 show law was so clearly established that no reasonable person in defendants’ position could … To determine whether 21 qualified immunity applies, courts must consider whether (1) the government official 22 violated the plaintiff’s constitutional right and (2) whether that right was clearly established 23

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  • Blankenship v. Louisville-Jefferson County Metro Government, Kentucky

    District Court, W.D. Kentucky · Mar 21, 2024

    clearly established at the time of the arrest.” … Mich. 2015) (holding defendant did not adequately raise qualified immunity because he “must do more than quote legal standards on what counts as clearly-established law” when “[h]e merely quote[d] standards governing the

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