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200 F. Supp. 2d 220 · District Court, W.D. New York · Feb 9, 2002
Qualified immunity does not bar declaratory and injunctive relief. Allen v. Coughlin, 64 F.3d 77, 81 (2d Cir.1995). … Even if qualified immunity were established in this case, it would not provide grounds for dismissal of all of Farid’s claims. Id. at 81 . It is a defense which defendants must plead and prove. Duamutef v. J.M.
Cited 15 timesPublished197 F. Supp. 3d 529 · District Court, S.D. New York · Jun 24, 2016
Although the Court is permitted to determine whether a constitutional right exists before examining whether it was clearly established as part of the qualified immunity analysis, it declines to do so here. … Wright, 597 F.3d 532, 536 (2d Cir.2010) (finding the defendant prison employees entitled to qualified immunity with respect to inmate's First Amendment and RLUIPA claims because it had not been clearly established by the
Cited 93 timesPublishedJamal Murray v. State of Ohio Dep't of Corrections
Court of Appeals for the Sixth Circuit · Mar 30, 2022
motion is based on a claim of qualified immunity.” … Heyd is entitled to qualified immunity as a matter of law We now consider the merits of the qualified-immunity defense.
Cited 0 timesPublished214 Conn. App. 35 · Connecticut Appellate Court · Jul 26, 2022
‘‘If an official’s conduct did not violate a clearly established constitutional right . . . then he is protected by qualified immunity.’’ Walker v. Schult, supra, 126. … Our conclusion that federal law does not clearly establish the right at issue in the present case, however, does not end our qualified immunity analysis.
Cited 0 timesPublishedVDARE Foundation v. City of Colorado Springs
11 F.4th 1151 · Court of Appeals for the Tenth Circuit · Aug 23, 2021
was clearly established at the time of the defendant’s alleged misconduct.” … As a result, we needn’t reach the second prong regarding clearly established law. Hesse v.
Cited 79 timesPublished910 F.2d 75 · Court of Appeals for the Second Circuit · Aug 2, 1990
On the eve of trial, defendants moved for summary judgment arguing that because Russell had no clearly established liberty interest in remaining out of keeplock they were protected by qualified immunity. … Even when such rights are clearly established, qualified immunity also protects a government official “if it was objectively reasonable for [the official] to believe that his acts did not violate those rights.”
Cited 66 timesPublished472 U.S. 511 · Supreme Court of the United States · Jun 19, 1985
Unless the plaintiff’s allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery. See id., at 818 . … qualified immunity.
Reported overruled on other grounds by Pearson v. Callahan, 555 U.S. 223 (2009) — not on the Supreme Court's listCited 8,308 timesPublishedFrank Humphrey v. Norbert Staszak
148 F.3d 719 · Court of Appeals for the Seventh Circuit · Jul 23, 1998
In the context of an arrest, qualified immunity “will shield a police officer from § 1983 liability if a reasonable officer could have believed [the plaintiffs arrest] to be lawful, in light of clearly established law and … CONCLUSION For these reasons and those stated by the Supreme Court and by us in our previous decisions, we hold that Officer Staszak did not violate a clearly established law and that he is entitled to qualified immunity,
Cited 167 timesPublishedDistrict Court, W.D. Washington · Aug 11, 2025
employees are not entitled to qualified immunity on judicial 5 deception claims.” … Callahan, 555 U.S. 223, 236 (2009) (holding that courts 21 have discretion to consider the two prongs of qualified immunity, whether a constitutional right 22 was violated and whether that right was clearly established
Cited 0 timesUnknownJamie Kirkpatrick v. County of Washoe
843 F.3d 784 · Court of Appeals for the Ninth Circuit · Dec 9, 2016
“Qualified immunity is no immunity at all if ‘clearly established’ law can simply be defined as the right to be free from unreasonable searches and seizures.” Sheehan, 135 S.Ct. at 1776 . … , established, and they, .are therefore entitled to qualified immunity..on this claim.
Cited 195 timesPublished567 F.3d 302 · Court of Appeals for the Sixth Circuit · May 28, 2009
Qualified Immunity Under the doctrine of qualified immunity, “government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly … Clearly Established Constitutional Right The next step of our qualified immunity analysis is whether the alleged violations involved a constitutional right that was clearly established at the time of the alleged misconduct
Cited 163 timesPublishedCitizens Committee for Faraday Wood v. John v. Lindsay, Mayor of the City of New York
507 F.2d 1065 · Court of Appeals for the Second Circuit · Apr 28, 1975
Williams, 397 U.S. 471 , 90 S.Ct. 1153 , 25 L.Ed.2d 491 (1970), plaintiffs must establish that the city’s action impinges on a suspect class in order to qualify for the stricter compelling state interest standard. … Such relief would clearly be inappropriate. *1070 Also, in Lackawanna the record clearly established that the city’s actions had been motivated by improper racial considerations. Kennedy Park Homes Assn. v.
Cited 39 timesPublished356 F.3d 481 · Court of Appeals for the Second Circuit · Jan 30, 2004
The Doctrine of Qualified Immunity The doctrine of qualified immunity protects state officials from civil liability for actions performed in the course of their duties if “their conduct does not violate clearly established … established” for the purpose of future qualified immunity cases involving similar fact patterns.
Cited 173 timesPublished321 F.3d 1069 · Court of Appeals for the Eleventh Circuit · Feb 13, 2003
The essence of qualified immunity is notice. See Hope v. Pelzer, 536 U.S. 730 , 122 S.Ct. 2508, 2515 , 153 L.Ed.2d 666 (2002). 8 Qualified immunity analysis proceeds in two steps. See Chesser v. … If no constitutional violation is established, then the defendants prevail, and “there is no necessity for further inquiries concerning qualified immunity.” Id.
Cited 171 timesPublished945 F.3d 30 · Court of Appeals for the Second Circuit · Dec 12, 2019
However, that is not the only way in 14 which a right may be “clearly established” for qualified immunity purposes. … (“[Q]ualified immunity clearly established for purposes of qualified immunity.
Cited 123 timesPublishedDistrict Court, D. Nevada · Nov 20, 2020
Callahan, 555 U.S. 223, 231 17 (2009) (“The doctrine of qualified immunity protects government officials from liability for civil 18 damages insofar as their conduct does not violate clearly established statutory or constitutional … Therefore, this Court properly found 20 that URP members were entitled to qualified immunity. 21 Finally, Defendants argue that Stewart and Filson are not entitled to qualified immunity 22 and this
Cited 0 timesUnknown865 F.3d 544 · Court of Appeals for the Seventh Circuit · Jul 26, 2017
Step 2: Clearly Established Law We do have jurisdiction to review the second qualified immunity step: whether Clark’s asserted rights were clearly established at the time of his suicide. … First, he argues that it is “doubtful” whether circuit precedent can clearly establish law for purposes of qualified immunity. He cites two Supreme Court cases, but both cases leave this question unanswered.
Cited 219 timesPublished815 F. Supp. 2d 1246 · District Court, M.D. Alabama · Sep 30, 2011
The Court should grant a motion to dismiss on qualified immunity grounds “if the plaintiffs complaint fails to allege a violation of a clearly established constitutional or statutory right.” Williams v. … Case law need not arise out of factually identical situations to clearly establish law for purposes of the qualified immunity analysis. Id. at 1351 .
Cited 7 timesPublishedDistrict Court, S.D. Indiana · Sep 17, 2025
"Qualified immunity is a doctrine that 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 … Defendants frame their qualified immunity argument (as it relates to the conditions claim rather than the medical deliberate indifference claim) as follows: It has not been clearly established that using a squeegee
Cited 0 timesUnknown438 F.3d 845 · Court of Appeals for the Eighth Circuit · Feb 17, 2006
did not specify the disputed facts on which it relied, thereby making it difficult for this court to "know what set of facts to assume when [we] answer[ ] the purely legal question about `clearly established' law." … Individual Liability of Sheriff Langston 12 "Qualified immunity protects a government official from liability in a [section] 1983 claim unless his or her conduct violated a clearly established statutory or constitutional
Cited 56 timesPublished
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