Case law
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Rebecca Buddenberg v. Robert Weisdack
939 F.3d 732 · Court of Appeals for the Sixth Circuit · Sep 20, 2019
As relevant here, Budzik argued that he was entitled to qualified immunity because Buddenberg’s complaint failed to allege facts establishing a violation of a clearly established First Amendment right. … “When a defendant appeals the denial of a motion to dismiss based on qualified immunity, we review de novo whether the complaint alleges [a] violation of a clearly established constitutional right.” Id.
Cited 46 timesPublishedDistrict Court, E.D. Wisconsin · Feb 6, 2023
But that articulation of the relevant clearly established principle is the sort of overly general statement that the Supreme Court has repeatedly found insufficient to overcome qualified immunity. … He was likewise entitled to qualified immunity with respect to his delay in calling for emergency medical help because existing caselaw did not clearly establish an obligation to call for medical help immediately.
Cited 0 timesUnknown355 F. Supp. 3d 81 · District Court, District of Columbia · Jan 2, 2019
Qualified Immunity Defendants similarly argue that they are entitled to qualified immunity from Plaintiff's malicious prosecution claims. … Defendants argue that the caselaw demonstrates Plaintiff's right was not clearly established and they are therefore entitled to qualified immunity.
Cited 22 timesPublishedBrittany A. Karels v. Gabriel A. Storz
906 F.3d 740 · Court of Appeals for the Eighth Circuit · Oct 15, 2018
Qualified immunity shields a law enforcement officer from liability in a § 1983 action “unless (1) the evidence, viewed in the light most favorable to [the plaintiff], establishes a violation of a constitutional or statutory … We may not “define clearly established law at a high level of generality,” but rather must determine “whether the violative nature of particular conduct is clearly established.” Id.
Cited 22 timesPublished124 F.3d 123 · Court of Appeals for the Second Circuit · Aug 21, 1997
To recover on that ground, of course, a plaintiff must still overcome the hurdle of qualified immunity. … Qualified immunity is unavailable where, as here, the action violates an accused's clearly established constitutional rights, and no reasonably competent police officer could believe otherwise. Anderson v.
Cited 67 timesPublishedGene Autrey Adams v. Paul Metiva
31 F.3d 375 · Court of Appeals for the Sixth Circuit · Aug 1, 1994
The key inquiry in analyzing a claim of qualified immunity is whether the defendant’s alleged conduct violated clearly established statutory or constitutional rights of which a reasonable person would have known. … First, the allegations must state a claim of the violation of clearly established law.
Cited 562 timesPublished45 F.3d 1253 · Court of Appeals for the Eighth Circuit · Jan 30, 1995
The parties’ briefs focus on the second step of our qualified immunity analysis— whether the right allegedly violated was “clearly established.” … CONCLUSION Because Weaver has alleged the violation of a clearly-established constitutional right, the defendant prison officials are not entitled to dismissal on the basis of qualified immunity.
Cited 42 timesPublishedKnowlton Merritt v. John E. MacKey
827 F.2d 1368 · Court of Appeals for the Ninth Circuit · Sep 16, 1987
Vincent and Mackey are not entitled to qualified immunity protection because their conduct exceeded the scope of their authority and because they violated Merritt’s clearly established constitutional rights. … When the law is clearly established, as here, the qualified immunity defense fails “since a reasonably competent public official should know the law governing his conduct.”
Cited 116 timesPublishedLouis Gradisher v. City of Akron
794 F.3d 574 · Court of Appeals for the Sixth Circuit · Jul 24, 2015
Whether a right has been clearly established should not be determined at “a high level of generality.” Id. at 2084. … City of Broadview Heights, 712 F.3d 951, 963 (6th Cir. 2013) (“Qualified immunity does not protect the officers here.
Cited 44 timesPublishedEstate of Charles Chivrell v. City of Arcata
District Court, N.D. California · Sep 6, 2024
To determine if an officer is entitled to qualified immunity, the 10 Court considers whether (1) the officer’s conduct violated a constitutional right, and (2) that right 11 was clearly established at the time of the … See Perez, 98 F.4th at 928 (contravention of training would not 26 defeat qualified immunity because “the law did not clearly establish, nor did
Cited 0 timesUnknown586 F.3d 898 · Court of Appeals for the Eleventh Circuit · Oct 26, 2009
Under this test, “the law is clearly established, and qualified immunity can be overcome, only if the standards set forth in Graham and our own case law inevitably lead every reasonable officer in [the defendant's] position … When measured against these facts, the officers violated a clearly established right. The district court properly rejected qualified immunity for Officers Burk and Fiorino. Accordingly, we affirm.
Cited 211 timesPublished770 F.2d 375 · Court of Appeals for the Third Circuit · Aug 26, 1985
Fauver, 544 F.Supp. 584, 607 (D.N.J.1982) (although legal principles clearly established, qualified immunity granted because specific question not yet resolved). … Thus, Feeney’s entitlement to qualified immunity hinges on whether it was clearly established that Hicks’s confinement after the initial 72-hour period violated his constitutional rights.
Cited 43 timesPublishedLewis v. Hat Corporation of America
150 A.2d 750 · Court of Chancery of Delaware · May 1, 1959
It is clearly established in Delaware that stockholder ratification of corporate action which is not per se void renders such action immune from minority stockholder attack, Fidanque v. … The proxy statement setting forth the matters to be acted on at the August 29 special meeting of stockholders clearly described the specific matter before the meeting to be approval of the agreement to purchase Champ Hats
Cited 11 timesPublishedGodin v. Corrections Corp. of America
Vermont Superior Court · Aug 25, 2017
We have recognized two degrees of official immunity: absolute immunity and qualified immunity. … White, 155 Vt. 621, 626–27 (1991) (“The desire in Levinsky to promote summary judgment resolution of qualified immunity claims is consistent with the perception that qualified immunity is indeed an immunity from the suit
Cited 0 timesPublished97 F. Supp. 2d 882 · District Court, C.D. Illinois · May 24, 2000
Fitzgerald, 457 U.S. 800, 818-19 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982) (even if the law is clearly established, an official is entitled to qualified immunity if he neither knew or should have known of the relevant legal … prevail on her due process claim because Severino violated clearly established constitutional law.
Cited 0 timesPublishedRay v. Washington State Department of Health and Human Services
District Court, W.D. Washington · Jul 17, 2025
qualified immunity. … Bd. of Regents of Nevada Sys. of Higher Educ., 616 20 F.3d 963, 969 (9th Cir. 2010) (“[W]e may begin the qualified immunity analysis by considering 21 whether there is a violation of clearly established law without
Cited 0 timesUnknown427 F. App'x 437 · Court of Appeals for the Sixth Circuit · Jun 29, 2011
Qualified Immunity Although the evidence viewed in the light most favorable to Evans establishes that Defendants violated Evans’s First and Fourth Amendment rights, Defendants may still be entitled to qualified … immunity if the constitutional rights at issue were not clearly established at the time of their conduct.
Cited 137 timesUnpublished775 F. Supp. 2d 680 · District Court, S.D. New York · Mar 31, 2011
require a conclusion that it was ‘clearly established’ in the qualified immunity context.” … Because it was not clearly established for qualified immunity purposes that to impose PRS administratively was unlawful prior to Earley , it must follow that it was also not clearly established that it was unlawful to do
Cited 8 timesPublished939 F.3d 72 · Court of Appeals for the Second Circuit · Sep 12, 2019
had violated clearly established law. … ʺThe issues on qualified immunity are: (1) whether plaintiff has shown facts making out [a] violation of a constitutional right; (2) if so, whether that right was clearly established; and (3) even if the right was clearly
Cited 22 timesPublished889 F. Supp. 1484 · District Court, M.D. Alabama · May 12, 1995
“clearly established”). … Simply put, Officer Jameson is entitled to qualified immunity if the Porters fail to produce sufficient evidence that, when viewed in the light most favorable to them, Jameson violated their clearly established Fourteenth
Cited 3 timesPublished
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