Case law
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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 timesPublishedRobinson v. Washington Metropolitan Area Transit Authority
858 F. Supp. 2d 33 · District Court, District of Columbia · May 1, 2012
because plaintiff has failed to establish a prima facie case of negligence. … Only discretionary activity is protected by sovereign immunity. Id.
Cited 13 timesPublishedJennifer 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 timesPublished130 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 timesPublishedDistrict Court, N.D. Mississippi · May 10, 2023
Clifton, 29 F.3d 1012 (5th Cir. 1994) (holding that law enforcement officers are entitled to qualified immunity “unless it is shown that, at the time of the incident, [the officer] violated a clearly established constitutional … Villarreal, 628 F.3d 209, 211-12 (5th Cir. 2010) (“the plaintiff has the burden to rebut this [qualified immunity] defense by establishing that the official’s allegedly wrongful conduct violated clearly established law”
Cited 0 timesUnknownDistrict Court, W.D. Texas · May 31, 2022
’s conduct was, “as a matter of law,” “objectively unreasonable in light of clearly established law,” Cantrell, 666 F.3d at 921; Kinney v. … Bay City, Tex., 227 F.3d 316, 320–24 (5th Cir. 2000) (addressing whether there was clearly-established law). But see Colston v.
Cited 0 timesUnknown110 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 timesPublished47 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 timesPublished178 F.3d 1007 · Court of Appeals for the Eighth Circuit · Jun 2, 1999
Pelletier, it stated that precedent "clearly establishes that an order rejecting the defense of qualified immunity at either the dismissal stage or the summary-judgment stage is a 'final' judgment subject to immediate appeal … believed their conduct did not violate clearly established law); Miller v.
Cited 43 timesPublishedHawker 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 timesPublishedGill v. United States of America
District Court, District of Columbia · Nov 21, 2019
The manner in which courts are permitted to resolve qualified-immunity defenses protects from unnecessary constitutional conjecture: “[C]ourts may grant qualified immunity on the ground that a purported right was not ‘clearly … To begin, the named Marshals are clearly entitled to qualified immunity because the constitutional questions in this case fall well short of being “clearly established.”
Cited 0 timesPublishedMicah 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 timesPublished857 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 timesPublished73 F.3d 1365 · Court of Appeals for the Fifth Circuit · Feb 2, 1996
established as to overcome the defense of qualified immunity. … established constitutional right which would overcome a qualified immunity defense.
Cited 178 timesPublishedPeople of Michigan v. Dametrius Benjamin Posey
Michigan Supreme Court · Jul 31, 2023
immunity rather than complete immunity applies where the prosecutor is acting as a police officer and not in the role of an advocate) (quotation marks and citation omitted). … The lead opinion does not address this important qualifier.
Cited 0 timesPublishedThomas Hobgood v. Illinois Gaming Board
731 F.3d 635 · Court of Appeals for the Seventh Circuit · Jul 16, 2013
Qualified immunity “protects government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitu- tional rights of which a reasonable person would have … The defendants argue that they are immune because Hobgood did not have a clearly estab- lished right to deliver confidential information to Gnutek, but their argument is irrelevant to the issue of qualified immunity.
Cited 148 timesPublishedDistrict Court, N.D. Mississippi · Sep 11, 2024
on violations of clearly established law. … This court is far from alone in expressing concerns regarding the qualified immunity doctrine, in particular its “clearly established” prong.
Cited 0 timesUnknownDavid 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 timesPublished483 U.S. 635 · Supreme Court of the United States · Jun 25, 1987
action is a violation) violates a clearly established right. … As we noted before, Harlow clearly expressed the understanding that the general principle of qualified immunity it established would be applied “across the board.”
Criticized by Guider v. Smith, 431 Mich. 559 (1988)Cited 11,979 timesPublished949 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
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