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Court of Appeals for the First Circuit · Aug 23, 1995
Thus, the doctrine of qualified immunity limits a plaintiff's damages against state actors "insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would … Harlow, 457 U.S. at 818 . ______ The meaning of the adjectival phrase "clearly 4 established," as it operates in the qualified immunity arena, has not always been clearly established.
Cited 0 timesPublished162 N.J. 375 · Supreme Court of New Jersey · Jan 31, 2000
The Court, concluding that an officer applying for a warrant is entitled to assert qualified but not absolute immunity, observed that the defense of qualified immunity provides ample protection to all but the plainly incompetent … Qualified immunity “is an immunity from suit rather than a mere defense to liability” that is effectively lost if the case is allowed to go to trial. Mitchell v.
Cited 115 timesPublishedPatti Cahoo v. SAS Analytics Inc.
912 F.3d 887 · Court of Appeals for the Sixth Circuit · Jan 3, 2019
Plaintiffs’ clearly-established due process rights. … The Court will now address the second component of the qualified immunity analysis—whether Plaintiffs’ due process rights were clearly established. Nos. 18-1295/1296 Cahoo, et al. v.
Cited 158 timesPublished25 Fla. L. Weekly Fed. S 5 · Supreme Court of the United States · Nov 10, 2014
The court also held that Carroll was not entitled to qualified immunity because his actions violated clearly established law. Ibid. … A government official sued under §1983 is entitled to qualified immunity unless the official violated a statutory or constitutional right that was clearly established at the time of the challenged conduct.
Cited 130 timesPublishedBikachi Amisi v. Lakeyta Brooks
93 F.4th 659 · Court of Appeals for the Fourth Circuit · Feb 22, 2024
“Qualified immunity protects officers who commit constitutional violations but who, in light of clearly established law, could reasonably believe that their actions were lawful.” Henry v. … of qualified immunity.
Cited 22 timesPublishedEstate of Tori Carter Brenda Chambers v. City of Detroit, Donald Hollins, Lieutenant
408 F.3d 305 · Court of Appeals for the Sixth Circuit · May 27, 2005
Finally, to complete the qualified immunity analysis, this right was clearly established at the time of Hollins’s violation. … The right that Hollins violated was therefore clearly established. Under the facts alleged by the Estate, Hollins is not entitled to qualified immunity.
Abrogated on other grounds by Pearson v. Callahan, 555 U.S. 223 (2009)Cited 365 timesPublishedCourt of Appeals for the Seventh Circuit · Jan 31, 2025
Qualified Immunity and Clearly Established Law A constitutional or statutory right is “clearly established” when the law is “‘sufficiently clear’ that every ‘reasonable of- ficial would understand that what he is doing’ is … For a discussion about the future of qualified immunity, see id. at 560–68.
Cited 0 timesPublished57 F.3d 1340 · Court of Appeals for the Fourth Circuit · Jun 29, 1995
--was clearly established. … "In analyzing a claim of qualified immunity it is ... necessary first to identify the specific ... right allegedly violated, then to inquire whether at the time of the alleged violation it was clearly established, then further
Cited 21 timesPublishedDistrict Court, District of Columbia · Mar 3, 2011
QUALIFIED IMMUNITY Mr. Woods argues that he “has qualified immunity both for the arrest [of Ms. Halcomb] itself and for the limited amount of force necessary to effectuate the arrest.” Mot. at 7. … were clearly established at the time the action was taken” (internal quotation marks and citation omitted)).
Cited 0 timesPublishedCory Driscoll v. Montgomery Cnty. Bd. of Comm'rs
Court of Appeals for the Sixth Circuit · Apr 23, 2026
I thus would grant Smiley qualified immunity because our precedent did not clearly establish that she violated the Fourth Amendment at the time she acted. I respectfully dissent. … If unpublished decisions cannot clearly establish the law for qualified-immunity purposes, I doubt that abrogated decisions may do so. Cf. Campbell v. Riahi, 109 F.4th 854, 861 (6th Cir. 2024).
Cited 0 timesPublishedJeff Courtright v. City of Battle Creek
839 F.3d 513 · Court of Appeals for the Sixth Circuit · Oct 14, 2016
Page 4 “When a defendant appeals the denial of a motion to dismiss based on qualified immunity, we review de novo whether the complaint alleges violation of a clearly established constitutional right.” … established right for purposes of qualified immunity.”
Cited 334 timesPublished465 F.3d 46 · Court of Appeals for the Second Circuit · Oct 4, 2006
Lunn, 361 F.3d 737, 743 (2d Cir.2004) (internal citation omitted). 19 Qualified immunity "shields police officers acting in their official capacity from suits for damages ... unless their actions violate clearly-established … immunity turns on whether they violated clearly established federal law [while] the county commission's liability turns on the allocation of law enforcement power in Alabama").
Cited 305 timesPublishedCourt of Appeals for the Sixth Circuit · Sep 19, 2007
facts are as asserted by the defendant, the defendant’s actions violated clearly established law and are therefore not within the scope of the qualified immunity. … Page 5 legal question of qualified immunity, i.e., whether a given set of facts violates clearly established law.’” Farm Labor Org. Comm. v.
Cited 0 timesPublished54 F.3d 465 · Court of Appeals for the Eighth Circuit · May 1, 1995
Under the doctrine, of qualified immunity, government officials performing discretionary tasks are shielded from liability for civil damages unless their conduct violates “clearly established statutory or constitutional rights … This is not to say that Ludwig’s status as an emotionally disturbed person entitles him to any additional, clearly established constitutional rights which would be relevant to the qualified immunity determination.
Cited 84 timesPublished523 N.W.2d 622 · Court of Appeals of Iowa · Aug 25, 1994
Clearly, actions speak louder than words. Intent can be shown through conduct. Michael has established a record of complete disregard for J.L.W.’s welfare: no visits, no financial support, no cards, letters, or gifts. … We also determine this is established by clear and convincing evidence.
Overruled on other grounds by In Re P.L., 778 N.W.2d 33 (2010)Cited 19 timesPublishedCollier v. Clayton County Community Service Board
236 F. Supp. 2d 1345 · District Court, N.D. Georgia · Sep 30, 2002
immunity. … Therefore, all individual defendants are entitled to qualified immunity on plaintiffs § 1983 First Amendment retaliation claim. 29 III.
Cited 7 timesPublished15 F.3d 1095 · Court of Appeals for the Ninth Circuit · Feb 3, 1994
However, LAPD Officers' contention that they did not violate any clearly established law at best makes the qualified immunity issue a mixed question of law and fact. 3 Because this appeal does not present a purely legal issue … An officer is entitled to qualified immunity even if "the law governing [his] conduct [was] clearly established[,]" so long as "[u]nder that law, ... a reasonable officer [could] have believed the conduct was lawful[.]"
Cited 0 timesPublishedDeStafney v. University of Alabama
413 So. 2d 391 · Supreme Court of Alabama · Feb 5, 1982
We must recognize at the outset that our cases have interpreted § 14 as affording absolute immunity to some State officials, as well as to the State itself, and extending a qualified immunity to others. … Clearly, under the guidelines of Gill and Milton , a claim for personal injury based upon the alleged negligent conduct of a State employee, even when committed in the line and scope of employment, is not within the ambit
Cited 91 timesPublished741 F.3d 492 · Court of Appeals for the Fourth Circuit · Feb 3, 2014
We also hold that their alleged actions violated the plaintiff’s clearly established rights, and that they are therefore not entitled to qualified immunity. 9 The plaintiff’s claims for equitable relief … We conclude that, given Wall’s circumstances, his right to participate in Ramadan was clearly established, and the defendants are therefore not entitled to qualified immunity.
Cited 134 timesPublishedPerry v. Mississippi Department of Child Protection Services
District Court, N.D. Mississippi · Mar 14, 2025
Thomas, 843 F.3d 172, 177 (Sth Cir. 2016) (“Qualified immunity protects officers from suit unless their conduct violates a clearly established constitutional right.”) (quoting Mace v. … Qualified immunity calls for a bifurcated test in which the court must first determine (1) “whether the plaintiff has alleged a violation of a clearly established statutory or constitutional right that was clearly established
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