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  • Varney v. City of Colorado Springs, Colorado

    District Court, D. Colorado · Sep 10, 2024

    “In the context of a qualified immunity defense on an unlawful search or arrest claim, [the Court] ascertain[s] whether a defendant violated clearly established law by asking whether there was arguable probable cause … Holmes, 830 F.3d 1123, 1139 (10th Cir. 2016) (recognizing that the “arguable probable cause” inquiry is part of qualified immunity’s second prong—whether the law was clearly established).

    Cited 0 timesUnknown
  • Bhattacharya v. Murray, Jr.

    District Court, W.D. Virginia · Jul 21, 2022

    , because it was not clearly established that the filing of a professionalism concern card—what was in essence a referral for another party to consider discipline that the Plaintiff did not know about—was an adverse action … Callahan, 555 U.S. 223, 231 (2009) (“The doctrine of qualified immunity protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional

    Cited 0 timesUnknown
  • Leroy Duffie v. City of Lincoln

    834 F.3d 877 · Court of Appeals for the Eighth Circuit · Aug 23, 2016

    “The doctrine of qualified immunity protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … A state official will be shielded by qualified immunity if (1) the plaintiff fails to allege or show that the official’s conduct violated a constitutional right or (2) the constitutional right was not “ ‘clearly established

    Cited 18 timesPublished
  • Kreger-Mueller, Valerie v. Shiner, Justin

    District Court, W.D. Wisconsin · Sep 9, 2019

    Pachtman, 424 U.S. 409, 424–28 (1976) (explaining the policy rationales that underlie the doctrine of absolute prosecutorial immunity). … Counseling Ctr., 987 F.2d 397, 408–09 (7th Cir. 1993) (discussing relevant case law in context of assessing whether law was clearly established for qualified-immunity purposes).

    Cited 0 timesUnknown
  • Deutsch v. Jordan

    618 F.3d 1093 · Court of Appeals for the Tenth Circuit · Aug 24, 2010

    But a defendant may be entitled to appeal from a denial of a motion for summary judgment based on qualified immunity. Id. Qualified immunity is an immunity “from suit rather than a mere defense to liability.” … Deutsch’s testimony was on a matter of public concern, the law to that effect was not clearly established in the summer of 2008 (thus entitling her to qualified immunity).

    Cited 38 timesPublished
  • Puller v. Baca

    781 F.3d 1190 · Court of Appeals for the Tenth Circuit · Mar 20, 2015

    When a defendant asserts qualified immunity, as Detective Baca does here, the burden shifts to the plaintiff to establish (1) a violation of a constitutional right (2) that was clearly established. Id. … Ultimately, “the record must clearly demonstrate the plaintiff has satisfied his heavy two-part burden; otherwise, the defendant[] is entitled to qualified immunity.” Id.

    Cited 83 timesPublished
  • Ashker v. Schwarzenegger

    339 F. App'x 751 · Court of Appeals for the Ninth Circuit · Jul 30, 2009

    McGrath is therefore entitled to qualified immunity. See Brosseau v. … Haugen, 543 U.S. 194, 198 , 125 S.Ct. 596 , 160 L.Ed.2d 583 (2004) (holding officer entitled to immunity “[i]f the law at the time did not clearly establish that the officer’s conduct would violate the Constitution”).

    Cited 0 timesPublished
  • Service Employment Redevelopment v. Fort Worth Independent School District

    Texas Court of Appeals, 2nd District (Fort Worth) · Mar 3, 2005

    code did not clearly and unambiguously waive school district’s immunity from suit); City of Dallas v. … provides the “requisite clarity to establish a waiver of immunity from suit”). 8.

    Cited 0 timesPublished
  • Tanner v. McMurray

    989 F.3d 860 · Court of Appeals for the Tenth Circuit · Mar 2, 2021

    Endorsing the district court’s conclusion that Appellees are entitled to qualified immunity under Filarsky simply because they worked for the government through a contractor would establish a de facto functional test for … qualified immunity.

    Cited 13 timesPublished
  • Weigel v. Broad

    544 F.3d 1143 · Court of Appeals for the Tenth Circuit · Oct 21, 2008

    Qualified immunity is an affirmative defense to an excessive force claim. … deadly force violated clearly established law.

    Cited 174 timesPublished
  • Logan v. Oklahoma City Police Department

    District Court, W.D. Oklahoma · Jun 12, 2024

    Initially, defendants contend that they are entitled to qualified immunity on Logan’s First Amendment claims because Logan cannot show a violation of clearly established law. … “In other words, general statements of the law can clearly establish a right for qualified immunity purposes if they apply with obvious clarity to the specific conduct in question.” Id.

    Cited 0 timesUnknown
  • Taylor v. Barkes

    25 Fla. L. Weekly Fed. S 305 · Supreme Court of the United States · Jun 1, 2015

    “Qualified immunity shields government officials from civil damages liability unless the official violated a statu- tory or constitutional right that was clearly established at the time of the challenged conduct.” … Because, at the very least, petitioners were not contraven- ing clearly established law, they are entitled to qualified immunity.

    Cited 971 timesPublished
  • Omar Ex Rel. Cannon v. Lindsey

    334 F.3d 1246 · Court of Appeals for the Eleventh Circuit · Jun 26, 2003

    PER CURIAM: This is an interlocutory appeal from the denial of a motion to dismiss on the grounds of qualified immunity.

    Cited 127 timesPublished
  • Chavez v. The Board of County Commissioners of the County of Chaves

    District Court, D. New Mexico · Jan 31, 2020

    basis of qualified immunity.” … The individual defendants assert that they are entitled to qualified immunity because the law is not clearly established. Mot. at 19–23 (relying on Springer v. Albin, 398 F.

    Cited 0 timesUnknown
  • Davis v. State

    Nevada Supreme Court · May 14, 2014

    Scherer, 468 U.S. 183, 197 (1984) (concluding that a § 1983 plaintiff bears the burden of overcoming the defendant's qualified immunity by showing that his constitutional rights were clearly … We therefore conclude that the district court did not err in finding that qualified immunity applied.

    Cited 0 timesUnpublished
  • James v. Cuny-John Jay College

    District Court, S.D. New York · Nov 16, 2021

    right that [2] was clearly established at the time of the challenged conduct.”) … immunity.

    Cited 0 timesUnknown
  • Jafet Castro-Reyes v. German Bosque

    Court of Appeals for the Eleventh Circuit · Feb 6, 2026

    Qualified Immunity “Qualified immunity offers complete protection for government officials sued in their individual capacities if their conduct ‘does not violate clearly established statutory … immunity under the clearly established law of this Circuit.

    Cited 0 timesPublished
  • White v. Pauly

    26 Fla. L. Weekly Fed. S 409 · Supreme Court of the United States · Jan 9, 2017

    All three officers moved for summary judgment on qualified immunity grounds. … Qualified immunity attaches when an official's conduct " 'does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.' " Mullenix v.

    Cited 2,495 timesPublished
  • McRaven v. Sanders

    577 F.3d 974 · Court of Appeals for the Eighth Circuit · Aug 20, 2009

    was clearly established at the time of the deprivation.” … The district court denied defendant-appellants qualified immunity. A detainee’s right to medical treatment is clearly established. Estelle, 429 U.S. at 104 , 97 S.Ct. 285 .

    Cited 156 timesPublished
  • Pritchett v. Alford

    973 F.2d 307 · Court of Appeals for the Fourth Circuit · Aug 19, 1992

    Immunity may thus be established either on the basis that the right allegedly (or actually) violated was not at the time one “clearly established,” or that, though “clearly established” (and violated), it was one that a “ … But as earlier noted, a specific prior adjudication of right is not necessary to make it one “clearly established” for qualified immunity purposes.

    Cited 370 timesPublished

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