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321 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 timesPublished282 F.3d 123 · Court of Appeals for the Second Circuit · Feb 19, 2002
Qualified Immunity A. … We have found that a qualified immunity defense is established when “(a) the defendant’s action did not violate clearly established law, or (b) it was objectively reasonable for the defendant to believe that his action did
Cited 288 timesPublishedCeramic Corp. of America v. Inka Maritime Corp.
1 F.3d 947 · Court of Appeals for the Ninth Circuit · Aug 6, 1993
Even where the defendant is amenable to process in the alternative forum, however, there may be “rare circumstances” in which the “remedy provided by the alternative forum is so clearly inadequate or unsatisfactory that it … Because Japan will “not permit litigation of the subject matter of the dispute,” we are confronted with one of those rare instances where the remedy 'provided by the alternative forum is *950 “clearly unsatisfactory.”
Cited 20 timesPublished200 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 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 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 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, 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 timesUnknownDistrict 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 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, 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 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 timesPublished
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