Case law

Opinions from 1658 to today.

Filters1878

10,000+ results

4.05s

  • Reverend Stephen Jarrard v. Sheriff of Polk County

    115 F.4th 1306 · Court of Appeals for the Eleventh Circuit · Sep 16, 2024

    established” to over- come their qualified-immunity defense. … Hartop, 992 F.3d 492, 504–17 (6th Cir. 2021), but that case cannot clearly establish the law in this Circuit for purposes of qualified immunity. Gilmore, 111 F.4th at 1135–36.

    Cited 24 timesPublished
  • Riggins v. Goodman

    572 F.3d 1101 · Court of Appeals for the Tenth Circuit · Jul 10, 2009

    Cline, 519 F.3d 1090, 1092 (10th Cir. 2008) (explaining that qualified immunity shields officials from damages actions unless their conduct was unreasonable in light of clearly established law). … clearly established constitutional rights.

    Cited 219 timesPublished
  • 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
  • Makin v. Colorado Department of Corrections

    183 F.3d 1205 · Court of Appeals for the Tenth Circuit · Jul 12, 1999

    Defendants contend they are entitled to qualified immunity because at the time of the relevant events, there was no clearly established law, that is, Supreme Court or Tenth Circuit authority, “which sets forth the parameters … City , 879 F.2d 706, 729 n.37 (10th Cir. 1989) (“[S]tructuring the inquiry [into what right must be clearly established] too narrowly would render the defense [of qualified immunity] available to all public officials except

    Cited 240 timesPublished
  • 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
  • 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
  • Shane Horton v. City of Santa Maria

    915 F.3d 592 · Court of Appeals for the Ninth Circuit · Feb 1, 2019

    CITY OF SANTA MARIA to qualified immunity so that “[g]oing forward, . . . the law is clearly established in this scenario”). … We therefore confine our inquiry to the second qualified immunity prong — whether the constitutional right at issue was “clearly established” at the time of the alleged violation. B.

    Cited 330 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
  • 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
  • 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
  • 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
  • Stearns v. Clarkson

    615 F.3d 1278 · Court of Appeals for the Tenth Circuit · Aug 13, 2010

    Clearly Established Rights The district court correctly noted that the rights at issue in this case are clearly established. … Because the rights at issue in this case are clearly established, the defendants are only entitled to qualified immunity if, based on the facts as viewed in the light most favorable to Mr.

    Cited 76 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
  • 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
  • Winfield v. State

    172 Vt. 591 · Supreme Court of Vermont · Jun 8, 2001

    Thus, if the official’s conduct does not violate clearly-established rights of which a reasonable person would have known, the official is protected by qualified immunity from tort liability. Cook v. … Assessed in light of these standards, the trial court’s ruling on the issue of qualified immunity was sound.

    Cited 11 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
  • Buonocore v. Harris

    65 F.3d 347 · Court of Appeals for the Fourth Circuit · Sep 12, 1995

    established’ for qualified immunity purposes.” … They do broadly assert that they are entitled to qualified immunity because the right “allegedly violated” was not “clearly established.” Appellants’ Brief at 20 (emphasis added).

    Cited 111 timesPublished
  • Orozco v. Sandoval County

    District Court, D. New Mexico · Aug 27, 2020

    clearly established. … Therefore, in light of Plaintiff's failure to cite to clearly established law, the Court holds that Edwards is entitled to qualified immunity.

    Cited 0 timesUnknown
  • Dolihite v. Maughon

    74 F.3d 1027 · Court of Appeals for the Eleventh Circuit · Jan 23, 1996

    The qualified immunity analysis requires the court to determine whether a defendant violated clearly established constitutional law. 21 In Harlow v. … is insufficient to clearly establish the law for purposes of overcoming the appellants’ qualified immunity claims in this ease. 23 In determining whether the appellants in this case are entitled to qualified immunity, we

    Cited 105 timesPublished
  • 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

Ask Donna

Ask Donna

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.