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  • 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
  • Stein v. Gunkel

    District Court, E.D. Kentucky · Nov 2, 2021

    Hamblen Cty., Tennessee, 969 F.3d 592, 601 (6th Cir. 2020) (noting that an unresolved question of law cannot qualify as “clearly established law” under the qualified immunity test and assuming the Farmer standard applies … If the law was not clearly established, then neither Gunkel nor Sterling could have violated Stein’s rights and qualified immunity bars Stein’s claims against them.

    Cited 0 timesUnknown
  • Joan Gruenke, Individually and as Parent and Natural Guardian of Leah Gruenke, a Minor v. Michael Seip

    225 F.3d 290 · Court of Appeals for the Third Circuit · Aug 21, 2000

    When the defendant violates a clearly established right about which a reasonable person would have known, he is not entitled to qualified immunity. See, e.g., Parkhurst v. … to qualified immunity.

    Cited 186 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
  • 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
  • C.M. v. Southeast Delco School District

    828 F. Supp. 1179 · District Court, E.D. Pennsylvania · Jun 29, 1993

    In order to obtain qualified immunity, each defendant must show that his conduct did “not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … Finally, defendants are not entitled to qualified immunity, because the kind of abuse alleged by plaintiff is a violation of *1192 clearly established constitutional rights, and because plaintiff makes sufficient allegations

    Cited 10 timesPublished
  • Donald Morgan v. Michael Robinson

    920 F.3d 521 · Court of Appeals for the Eighth Circuit · Mar 29, 2019

    “The second prong of the qualified immunity analysis asks whether the right in question was ‘clearly established’ at the time of the violation.” Id. at 656. … Having established the facts in the summary judgment record, I now turn to the qualified immunity analysis.

    Cited 87 timesPublished
  • BORONDY v. DRAHER

    District Court, S.D. Indiana · Jan 10, 2022

    A right is clearly established for purposes of qualified immunity where: (1) "a closely analogous case establishes that the conduct is unconstitutional"; or (2) "the violation is so obvious that a reasonable state actor … Ct. 577, 590 (2018) (constitutional right is clearly established for purposes of qualified immunity analysis if "every reasonable official would interpret [then-existing precedent] to establish the particular rule the plaintiff

    Cited 0 timesUnknown
  • Rodriguez v. Phillips

    66 F.3d 470 · Court of Appeals for the Second Circuit · Sep 15, 1995

    Moreover, defendants’ actions at that time must have been objectively unreasonable in light of clearly established federal law; otherwise, those actors are entitled to qualified immunity. … Summary judgment is particularly appropriate when the qualified immunity defense is based on a showing that an asserted right was not clearly established since the inquiry as to whether a right was or was not clearly established

    Cited 96 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
  • Hutchins v. McKay

    285 F. Supp. 3d 420 · District Court, District of Columbia · Jan 16, 2018

    No principle of qualified immunity will protect them. Second, the undisputed facts of record will not support an invocation of qualified immunity based on the "community caretaking" exception to the Fourth Amendment. … Nevertheless, he concluded that, given the "nebulous" boundaries of the exception, the officers had qualified immunity, as a reasonable officer would not have known, in that factual context, that he was violating a clearly

    Cited 6 timesPublished
  • Charles Brumitt v. Sam Smith

    102 F.4th 444 · Court of Appeals for the Seventh Circuit · May 20, 2024

    circumstances was ‘clearly established.’” … denying qualified immunity.

    Cited 16 timesPublished
  • Clay Blanchard v. City of Des Moines

    Court of Appeals of Iowa · Dec 4, 2024

    immunity available to the [City].” … Those questions are to be resolved early because qualified immunity not only serves as protection from liability—it protects government defendants from the risks and distractions of trial as well. See Harlow v.

    Cited 0 timesPublished
  • Porter v. Daggett County

    District Court, D. Utah · Feb 24, 2022

    Jerry Jorgensen is entitled to qualified immunity because Plaintiffs have not shown that his actions violated clearly established law. … As discussed above when addressing qualified immunity,189 the Plaintiffs have not identified any clearly established law that demonstrates that Jorgensen must have known that his actions were clearly unlawful when he took

    Cited 0 timesUnknown
  • Irish v. Fowler

    979 F.3d 65 · Court of Appeals for the First Circuit · Nov 5, 2020

    was clearly established. … their conduct was 'clearly established at the time.'"

    Cited 90 timesPublished
  • Corrigan v. District of Columbia

    District Court, District of Columbia · Aug 25, 2015

    that were clearly established at the time.’” … Glover did not violate any clearly-established right under the Fourth Amendment, all three individual defendants are entitled to qualified immunity under the second prong of the Saucier test.

    Cited 0 timesPublished
  • Scarpino v. Grosshiem

    852 F. Supp. 798 · District Court, S.D. Iowa · Apr 13, 1994

    Qualified immunity. Defendants assert they are entitled to qualified immunity as to the individual plaintiffs’ claims for damages. … Qualified immunity from liability for civil damages is available if the law as it applied to the relevant facts was not clearly established and if a reasonable official could have believed his or her conduct was lawful.

    Cited 6 timesPublished
  • Aaron Spann v. Police Officer A.G. Rainey, Aaron Spann v. A.G. Rainey, Police Officer, A.G. Rainey, Police Officer

    987 F.2d 1110 · Court of Appeals for the Fifth Circuit · Mar 25, 1993

    As a police officer, Rainey is immune from both suit and liability unless it is shown that, at the time of the incident, he violated a clearly established constitutional right. Salas v. … objectively reasonable in light of clearly established law in 1987.

    Cited 129 timesPublished
  • Michael J. Gorra v. Floyd Hanson, Patrick Chase, Minnesota State Highway Patrol, an Agency or Division of the State of Minnesota

    880 F.2d 95 · Court of Appeals for the Eighth Circuit · Jul 24, 1989

    DISCUSSION A law enforcement officer is shielded by qualified immunity from civil liability if the officer “[did] not violate clearly established statutory or constitutional rights of which a reasonable person would have … The objective legal reasonableness of the troopers’ conduct must be evaluated in *98 light of law that was clearly established when the arrest occurred. Harlow, 457 U.S. at 818 , 102 S.Ct. at 2738 .

    Cited 52 timesPublished

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