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  • Easley

    District Court, D. Kansas · Jan 16, 2026

    “His response brief failed even to include the terms ‘qualified immunity’ or ‘clearly established.’” Id. … of establishing that the rights in question were clearly established at the time”).

    Cited 0 timesUnknown
  • LaBounty v. Coughlin

    137 F.3d 68 · Court of Appeals for the Second Circuit · Feb 13, 1998

    Qualified Immunity The doctrine of qualified immunity is well established. … Where a right is clearly established, “the defendants may nonetheless establish immunity by showing that reasonable persons in their position would not have understood that their conduct was within the scope of the established

    Cited 135 timesPublished
  • John M. Gainor v. Scott Rogers City of Moorhead, a Minnesota Municipality and John Doe

    973 F.2d 1379 · Court of Appeals for the Eighth Circuit · Oct 9, 1992

    qualified immunity. … Mitchell once again makes clear what the court’s objective analysis should be on such a motion: Unless the plaintiff’s allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity

    Cited 73 timesPublished
  • Doe v. Whelan

    Court of Appeals for the Second Circuit · Oct 17, 2013

    Such a state official is entitled to qualified immunity from actions under 42 U.S.C. § 1983 “unless the official's conduct violated a clearly established constitutional right.” Pearson v. … Where the law is clearly established, “a caseworker is . . . entitled to qualified immunity if officers of reasonable competence could disagree on the legality of the action at issue in its particular factual context.”

    Cited 0 timesPublished
  • Randall Martin v. Robert Goldsmith

    Court of Appeals for the Seventh Circuit · Dec 31, 2025

    Qualified immunity protects government officials from civil liability to the extent that their conduct does not violate a clearly established statutory or constitutional right to which a reasonable person would have known … To overcome the defense of qualified immunity, Martin must show (1) the defendants violated a constitutional right and (2) the right was clearly established at the time of the challenged conduct. Doe v.

    Cited 0 timesPublished
  • Cruz v. City of Laramie

    239 F.3d 1183 · Court of Appeals for the Tenth Circuit · Feb 15, 2001

    Clearly Established Law The district court also found, in applying the second part of the test, that the constitutional right allegedly violated was clearly established and that defendants acted unreasonably. … While the federal qualified immunity standard focuses on whether a right was clearly established such that the officers would know their conduct violated that right, state law immunity in Wyoming requires that the officers

    Cited 47 timesPublished
  • Williams v. O'Brien

    78 Mass. App. Ct. 169 · Massachusetts Appeals Court · Oct 25, 2010

    It is well established that the MCRA incorporates the standard of immunity for public officials developed under 42 U.S.C. § 1983 , and accordingly “public officials are not liable under the [MCRA] for their discretionary … acts, unless they have violated a right under Federal or State constitutional or statutory law that was ‘clearly established’ at the time.”

    Cited 15 timesPublished
  • James J. Giuffre v. Nicholas Bissell Richard Thornburg Robert Smith Russ Leffert Sam Debella Richard Meyers County of Somerset

    31 F.3d 1241 · Court of Appeals for the Third Circuit · Aug 4, 1994

    It also ruled that none of the individual officials was entitled to qualified immunity because Giuffre had raised a genuine issue of material fact as to whether any clearly established laws had been violated by the officials … The “clearly established” standard of Harlow was delineated by the Supreme Court in Anderson v.

    Cited 156 timesPublished
  • HOOVER v. GREYHOUSE

    District Court, S.D. Indiana · Aug 30, 2024

    Hoover's right to meaningful review of his placement in segregation, it need not address their argument that they are entitled to qualified immunity. See Abbott v. … constitutional right was 'clearly established’ at the time of the official's alleged misconduct.").

    Cited 0 timesUnknown
  • Cody v. Weber

    256 F.3d 764 · Court of Appeals for the Eighth Circuit · Jul 9, 2001

    the policy was in order (as opposed to injunctive relief limited to the single inmate). 113 F.3d at 892 . 2 We decline the prison officials' invitation to affirm the entry of summary judgment on the alternative grounds of qualified … immunity.

    Cited 42 timesPublished
  • Lloyd Dela Cruz v. Kauai County Melvin K. Soong, Prosecuting Attorney for the County of Kauai

    279 F.3d 1064 · Court of Appeals for the Ninth Circuit · Feb 6, 2002

    The next step in evaluating the claim of qualified immunity, however, is to determine whether this right was “clearly established.” Saucier, 121 S.Ct. at 2156. … Under this standard, Soong is entitled to qualified immunity. Déla Cruz has not met his burden of proving that the right allegedly violated here was “clearly established” at the time of the alleged violation.

    Cited 45 timesPublished
  • Yorzinski v. City of New York

    175 F. Supp. 3d 69 · District Court, S.D. New York · Mar 31, 2016

    Qualified Immunity Police officers are immune from liability in § 1983 in suits brought against them in their individual capacities if “their conduct does not violate clearly established statutory or constitutional rights … The Second Circuit has explained that “[e]ven whei’e the plaintiffs federal rights and the scope of the official’s permissible conduct are clearly established, the qualified immunity defense protects a government actor if

    Cited 16 timesPublished
  • Sample v. Bailey

    Court of Appeals for the Sixth Circuit · May 9, 2005

    Clearly Established Right Having established that there was a constitutional violation, we turn to the second step of the qualified immunity analysis — whether the constitutional right at issue was clearly established … qualified immunity.

    Cited 0 timesPublished
  • Mark A. Campbell v. Kevin Kallas

    Court of Appeals for the Seventh Circuit · Aug 19, 2019

    As relevant here, the judge rejected the claim of qualified immunity, concluding that caselaw clearly established a constitutional right to effective medical treatment. We reverse. … Because no case clearly establishes that denying treatment beyond hormone therapy is unconstitu- tional, qualified immunity applies regardless.

    Cited 0 timesPublished
  • Riggleman v. Clarke

    District Court, W.D. Virginia · Sep 4, 2024

    Amonette’s actions amounted to deliberate indifference and turn directly to … the clearly established prong of the qualified-immunity analysis.” 55 F.4th at 454. … The Fourth Circuit did not address whether the defendant was entitled to qualified immunity, or specifically the second step of the qualified immunity framework—whether the right at issue was “clearly established” at the

    Cited 0 timesUnknown
  • Hamm v. Powell

    874 F.2d 766 · Court of Appeals for the Eleventh Circuit · Jun 6, 1989

    Nevertheless, they did not waive their right not to be held liable for conduct that did not violate clearly established law. *771 In Harlow , the Supreme Court reshaped the doctrine of qualified immunity and held that “government … Neither Johnson nor Gilmere involved a defense of qualified immunity. .

    Modified by Hamm v. Powell, 893 F.2d 293 (1990)Cited 16 timesPublished
  • Richey v. American Automobile Association, Inc.

    380 Mass. 835 · Massachusetts Supreme Judicial Court · Jun 6, 1980

    There may, indeed, be room for the observation that if the present facts should be held to qualify a discharged employee for relief, then a new practical definition might have to be given to employments theoretically terminable

    Cited 57 timesPublished
  • Doe v. Woodard

    912 F.3d 1278 · Court of Appeals for the Tenth Circuit · Jan 3, 2019

    We reversed the district court’s grant of qualified immunity. … I first address the “clearly established” prong. McCoy v. Meyers, 887 F.3d 1034, 1045 (10th Cir. 2018) (“Courts have discretion to decide the order in which to engage the two qualified immunity prongs.”

    Cited 180 timesPublished
  • Rogers v. County of San Joaquin

    487 F.3d 1288 · Court of Appeals for the Ninth Circuit · May 29, 2007

    Reasonable Official: 30 In order to assess Royal's claim of qualified immunity, we must conduct a two-part analysis: "1) Was the law governing the official's conduct clearly established? … medical neglect was not clearly established.

    Cited 25 timesPublished
  • Miller v. Roycroft

    Court of Appeals for the First Circuit · Sep 10, 2025

    established rule forbade the use of force that "occurred" before Miller was "restrained" through "handcuff[s]" (because the officers contest only the clearly established component of the qualified-immunity … established law needed to overcome qualified immunity for the Phase Two conduct.

    Cited 0 timesPublished

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