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  • Sykes v. Rutgers

    308 N.J. Super. 265 · New Jersey Superior Court Appellate Division · Feb 23, 1998

    We need not grapple with this issue because we have concluded that regardless of Rutgers’ entitlement to Tort Claims Act immunity, it is clearly entitled to the common law immunity established in Miehl v. … In the absence of a clearly established landlord-tenant relationship, our courts have previously rejected attempts by slip and fall plaintiffs to classify a particular public entity as akin to a commercial landlord in order

    Cited 4 timesPublished
  • Kimberlin, Brett C. v. Quinlan, Michael J.

    207 F.3d 667 · Court of Appeals for the D.C. Circuit · Dec 28, 1999

    qualified immunity issue. … to qualified immunity.

    Cited 0 timesPublished
  • Micah Jessop v. City of Fresno

    936 F.3d 937 · Court of Appeals for the Ninth Circuit · Sep 4, 2019

    Assuming that to be true, however, the City Officers are entitled to qualified immunity because that right was not clearly established. … As the panel opinion acknowledges, the lack of clearly established law at the time of the incident compels the conclusion that the City Officers are entitled to qualified immunity.

    Cited 52 timesPublished
  • Henry v. Purnell

    Court of Appeals for the Fourth Circuit · Sep 24, 2010

    PURNELL may propound clearly established law for purposes of deter- mining qualified immunity. … clearly established.

    Cited 0 timesPublished
  • Wren v. Towe

    130 F.3d 1154 · Court of Appeals for the Fifth Circuit · Dec 30, 1997

    Qualified immunity shields government officials performing discretionary functions from personal civil liability "insofar as their conduct does not violate clearly established statutory … There is a two-step analysis for determining the existence of qualified immunity. First, has a clearly established constitutional right been violated? Mangieri v.

    Cited 71 timesPublished
  • Day v. Idaho Transportation Department

    Idaho Supreme Court · Aug 14, 2023

    Auth., 124 Idaho 450, 463, 860 P.2d 653, 666 (1993) (“[E]ven though the district 14 court did not explicitly address the qualified immunity issue in responding to Worrell … ’s motions to dismiss and post-trial motions, it is implicit in the court’s rulings that it rejected Worrell’s properly raised immunity claims.”).

    Cited 0 timesPublished
  • Bruning v. Pixler

    949 F.2d 352 · Court of Appeals for the Tenth Circuit · Nov 15, 1991

    Fitzgerald, 457 U.S. 800 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982), the Court adopted an objective standard for qualified immunity. … that law was clearly established when the alleged violation occurred.”

    Cited 45 timesPublished
  • Spencer v. Pistorius

    605 F. App'x 559 · Court of Appeals for the Seventh Circuit · Mar 25, 2015

    Beyond this, the court added, the undisputed evidence establishes that the two officers had acted reasonably and thus were entitled to qualified immunity. II. … As a fallback these defendants invoke qualified immunity, but their argument is feeble.

    Cited 4 timesPublished
  • Joseph M. Schultea, Sr. v. David Robert Wood, David Robert Wood, Homer Ford, W.F. "Slim" Plagens and Warren K. Driver

    47 F.3d 1427 · Court of Appeals for the Fifth Circuit · Mar 9, 1995

    Justice Scalia’s opinion for the Court turned to the element of “clearly established law.” … applicable law is and whether it was clearly established when the action occurred.

    Cited 462 timesPublished
  • Powell v. Georgia Department of Human Resources

    114 F.3d 1074 · Court of Appeals for the Eleventh Circuit · May 29, 1997

    In order to strip the appellees of their qualified immunity defense, Powell must demonstrate that the appellees violated clearly established constitutional rights of which a reasonable person would have known. … Because the appellees have invoked the defense of qualified immunity, Powell must prove a violation of a clearly established constitutional right.

    Cited 17 timesPublished
  • Hawker v. Sandy City Corporation

    Court of Appeals for the Tenth Circuit · Dec 5, 2014

    “When a defendant asserts qualified immunity at summary judgment, the burden shifts to the plaintiff to show that: (1) the defendant violated a constitutional right and (2) the constitutional right was clearly established … But because the Supreme Court has broken down the burden of plaintiffs in a qualified immunity case into two prongs—a constitutional violation and clearly established law—courts often mistakenly grant qualified immunity to

    Cited 0 timesPublished
  • Washington Suburban Sanitary Commission v. Bowen

    410 Md. 287 · Court of Appeals of Maryland · Aug 26, 2009

    Although Dawkins did not expressly delineate legislative immunity, such immunity claims clearly fall within the language in Dawkins of “any other type of immunity.” … When a qualified immunity claim is not defeated by malice or some other factor which might defeat qualified immunity, the two types of immunity claims are the same and are reviewable on appeal from an adverse final judgment

    Cited 18 timesPublished
  • Kruse v. State of Hawaii

    857 F. Supp. 741 · District Court, D. Hawaii · Jul 11, 1994

    Common sense dictates that a right cannot be both “clearly established” and “previously undecided” for qualified immunity purposes. … established in order to deny qualified immunity.

    Cited 8 timesPublished
  • Jennifer Johnson v. Joe Phillips

    664 F.3d 232 · Court of Appeals for the Eighth Circuit · Dec 22, 2011

    In determining whether a government official is entitled to qualified immunity, we ask (1) whether the facts alleged establish a violation of a constitutional or statutory right and (2) whether that right was clearly established … Holloway, 316 F.3d 777 (8th Cir. 2003), this court held that an official acting outside the clearly established “scope of his discretionary authority is not entitled to claim qualified immunity under § 1983.”

    Cited 69 timesPublished
  • David Hopper v. Phil Plummer

    887 F.3d 744 · Court of Appeals for the Sixth Circuit · Apr 12, 2018

    Qualified immunity shields public officials from civil liability under 42 U.S.C. § 1983 unless their actions violate clearly established rights “of which a reasonable person would have known.” Harlow v. … was clearly established at the time of the challenged conduct.”

    Cited 139 timesPublished
  • Robert Anthony Carter v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional Division

    110 F.3d 1098 · Court of Appeals for the Fifth Circuit · Apr 9, 1997

    Therefore, the determination of the state court represented neither an unreasonable interpretation of the facts nor an unreasonable application of clearly established federal law. V. … Mindful that we must honor this determination unless it constitutes an “unreasonable application” of clearly established federal law, we conclude that Carter’s confession was voluntary.

    Vacated on other grounds by Carter v. Johnson, 522 U.S. 964 (1997)Cited 48 timesPublished
  • Rocky Lynn Thompson v. Timothy Zimmerman and D.F. Peninger, Benton County Jailors, in Their Official and Individual Capacities

    350 F.3d 734 · Court of Appeals for the Eighth Circuit · Dec 1, 2003

    We further conclude that the constitutional right asserted by Thompson — the right to be free from excessive force — was clearly established on the date of Thompson’s arrest and alleged beating. See Guite v. … Accordingly, we reverse the district court’s grant of summary judgment based on qualified immunity, and remand for further proceedings consistent with this opinion.

    Cited 13 timesPublished
  • Hunter v. Smith

    District Court, E.D. Texas · Aug 14, 2025

    As plaintiff failed to present competent summary-judgment evidence showing that defendants violated a clearly established constitutional right, the magistrate judge found that defendants were entitled to qualified … Fite, 47 F.4th 402, 408 (5th Cir. 2022) (granting qualified immunity when plaintiff “fails to iden- tify a single case to support” a clearly established right (quotation marks omitted)).

    Cited 0 timesUnknown
  • David Mogard v. City of Milbank

    932 F.3d 1184 · Court of Appeals for the Eighth Circuit · Aug 8, 2019

    Id. at 523 (granting defendants qualified immunity on § 1983 First Amendment retaliation claim because it was not clearly established that plaintiff’s termination violated his First Amendment rights). … In a qualified immunity summary judgment appeal, this court may consider whether the facts viewed most favorably to the nonmovant constitute a violation of clearly established law. Id.

    Cited 29 timesPublished

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