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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 timesPublished572 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 timesPublished256 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 timesPublishedMakin 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 timesPublishedDistrict 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 timesUnknownLloyd 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 timesPublishedShane 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 timesPublishedRichey 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 timesPublished137 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 timesPublishedDistrict 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 timesUnknown31 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 timesPublished615 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 timesPublishedDistrict 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 timesUnknown912 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 timesPublished172 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 timesPublished78 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 timesPublished65 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 timesPublishedDistrict 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 timesUnknown74 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 timesPublished874 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
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