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815 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 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 timesPublished17 F. Supp. 2d 725 · District Court, S.D. Ohio · Aug 21, 1998
Meekison’s Claim Under the ADA To establish a prima facie case under the ADA, Meekison must show: (1) she was disabled within the meaning of the statute at the time of her employment; (2) she was qualified to perform the … Prima Facie Case To establish a prima facie ease under the ADEA, Meekison must show the following: a) membership in the protected class (between the ages of 40 and 70); b) that she applied and was qualified for a promotion
Reversed in part, on other grounds by Meekison v. Voinovich, 67 F. App'x 900 (2008)Cited 5 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 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, 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 timesUnknown567 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 timesPublished937 F.3d 1171 · Court of Appeals for the Eighth Circuit · Sep 11, 2019
was “clearly established.” … In evaluating an officer’s claim to qualified immunity, “[t]he dispositive question is whether the violative nature of particular conduct is clearly established.” Mullenix v. Luna, 136 S.
Cited 175 timesPublishedDistrict Court, E.D. Michigan · Nov 19, 2021
[And] sometimes [qualified immunity] [is] best resolved in a motion to dismiss,” particularly where the complaint itself establishes the defense. Siefert v. … Indeed, “[u]nless 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.”
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 timesPublishedAlmighty Supreme Born Allah v. Milling
876 F.3d 48 · Court of Appeals for the Second Circuit · Nov 22, 2017
“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 … Allah argues, and the district court concluded below, that Defendants are not entitled to qualified immunity because Wolfish and its progeny clearly established the “right to be free from punishment before guilt” under substantive
Cited 93 timesPublishedJuan Alberto Blanco Garcia v. State of Tennessee
425 S.W.3d 248 · Tennessee Supreme Court · Dec 23, 2013
whether trial counsel performed deficiently, Padilla requires us to answer two questions: (1) whether deportation and the plea’s effect on the petitioner’s future eligibility to return legally to the United States were clearly … Blanco also acknowledged that neither immigration lawyer indicated specifically whether child abuse qualified as a crime involving moral turpitude, but instead recommended that the petitioner consult with trial counsel on
Cited 63 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 timesPublishedCourt of Appeals for the D.C. Circuit · Jun 26, 2007
Hust, 477 F.3d 1070, 1079 (9th Cir. 2007) (“Whether the right at issue in a claim of qualified immunity is clearly established . . . is a pure question of law . . . .”); Williams v. Ala. … immunity on these claims because this right was not “clearly established” at the time of the actions at issue in this case.
Cited 0 timesPublishedDistrict Court, D. Colorado · Jul 1, 2020
Plaintiffs claim that by neglecting to argue that the law was not clearly established defendants failed to meet their burden of pleading and developing their qualified immunity defense. … However, the qualified immunity analysis only considers what law was clearly established “at the time of the defendant’s alleged misconduct.” Pearson v. Callahan, 555 U.S. 223, 129 S. Ct. 808, 811, 172 L.
Cited 0 timesUnknownDistrict Court, M.D. Georgia · Sep 19, 2025
Vickers, 929 F.3d 1304, 1316 (11th Cir. 2019) (“[T]he qualified immunity analysis requires a clearly established right to be defined with specificity.”). … Ballard’s lawyers have made no effort to carry Ballard’s burden of showing clearly established law, and the defendants are entitled to qualified immunity.
Cited 0 timesUnknownTexas Supreme Court · May 10, 2024
. § 1983 “unequivocally negated the original interpretive premise for qualified immunity”); Zadeh, 928 F.3d at 479-81 (Willett, J., concurring) (criticizing the “clearly established law” standard). … See Chambers, 883 S.W.2d at 657 (although “federal immunity may be conferred at the summary judgment stage by the court’s finding that the constitutional right at issue was not clearly established,” “[n]o analogous threshold
Cited 0 timesPublished
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