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  • Prokop v. Hileman

    District Court, N.D. Illinois · Mar 2, 2022

    “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 … Luna, 577 U.S. 7, 12 (2015) (“The dispositive question” for qualified immunity is “whether the violative nature of particular conduct is clearly established.”)

    Cited 0 timesUnknown
  • Fitzpatrick v. McKnight

    District Court, S.D. West Virginia · Jul 3, 2025

    which could be characterized as fraudulent, malicious, or oppressive,” (ECF No. 15 at 7), but evidently forgot that he is not entitled to qualified immunity if his act was “in violation of clearly established statutory … If the plaintiff demonstrates the violation of a clearly established right or law, the employee is not immune from liability. Jd. at 767.

    Cited 0 timesUnknown
  • Munden v. Pineda

    District Court, D. Colorado · Nov 8, 2024

    The “record must clearly demonstrate the plaintiff has satisfied his heavy two-part burden; otherwise, the defendants are entitled to qualified immunity.” Felders ex rel. Smedley v. … The Court therefore finds that Officer Pineda is entitled to qualified immunity for Mr.

    Cited 0 timesUnknown
  • Hanrahan v. Doling

    331 F.3d 93 · Court of Appeals for the Second Circuit · May 30, 2003

    and Magistrate Judge below. 10 In evaluating whether a right is clearly established for purposes of the second prong of the qualified immunity inquiry, the court looks to both "the clarity of the law establishing the right … It would defy logic to analyze qualified immunity, as defendants urge, in terms of unpredictable subsequent events, and courts have repeatedly declined to frame the clearly established inquiry through the "20/20 vision of

    Cited 25 timesPublished
  • Iko v. Shreve

    535 F.3d 225 · Court of Appeals for the Fourth Circuit · Aug 6, 2008

    Shreve can still enjoy qualified immunity from suit if he can show that this constitutional right was not clearly established at the time of Iko’s death. … SHREVE pepper spray was clearly established, preventing an award of qualified immunity to Lt. Shreve on the facts before us.11 B.

    Cited 1,501 timesPublished
  • STOKES v. CITY OF PHILADELPHIA

    District Court, E.D. Pennsylvania · Oct 31, 2022

    Rickard, 572 U.S. 765, 778 (2014) (“An official sued under § 1983 is entitled to qualified immunity unless it is shown that the official violated a statutory or constitutional right that was ‘clearly established’ … Therefore, the qualified immunity analysis involves determining whether the defendant violated a right that was “clearly established” at the time of the challenged conduct. Plumhoff, 572 U.S. at 778.

    Cited 0 timesUnknown
  • Robert Wilk v. Dwight Neven

    956 F.3d 1143 · Court of Appeals for the Ninth Circuit · Apr 23, 2020

    The court held that defendants were entitled to qualified immunity because Wilk’s evidence, even if true, did not establish an Eighth Amendment violation. … Law is “clearly established” for the purposes of qualified immunity if “every reasonable official would have understood that what he is doing violates th[e] right” at issue. Taylor v.

    Cited 89 timesPublished
  • CROSLAND v. CITY OF PHILADELPHIA

    District Court, E.D. Pennsylvania · Jun 8, 2023

    That leaves the second prong of the qualified immunity analysis: whether the officers’ conduct violated clearly established law. … its caselaw suggests that municipal liability should remain untethered to the “clearly established” qualified immunity standard.

    Cited 0 timesUnknown
  • Farrow v. Weatherford City of

    District Court, W.D. Oklahoma · Sep 26, 2025

    The Individual Defendants argue, in part, that Plaintiff’s § 1983 claim is barred by qualified immunity because Plaintiff cannot show he had a “clearly established” constitutional right that they violated.5 They … plaintiffs “failed to identify clearly-established law” as required under the second qualified immunity prong). IV.

    Cited 0 timesUnknown
  • Caldarola v. Calabrese

    298 F.3d 156 · Court of Appeals for the Second Circuit · Jul 31, 2002

    Qualified Immunity A. "Qualified immunity is `an entitlement not to stand trial or face the other burdens of litigation.'" Saucier v. … If the law was clearly established that the officer's conduct violated a constitutional right, qualified immunity is inappropriate.

    Cited 258 timesPublished
  • PALMIERI VS. CLARK CO.

    2015 NV 102 · Nevada Supreme Court · Dec 31, 2015

    Ct. 305, 308 (2015) ("The doctrine of qualified immunity shields officials from civil liability so long as their conduct does not violate clearly established .. … A searching officer is entitled to qualified immunity if "a reasonable officer could have believed" that the search was lawful "in light of clearly established law and the information

    Cited 0 timesPublished
  • Samedi v. Miami-Dade County

    134 F. Supp. 2d 1320 · District Court, S.D. Florida · Jan 26, 2001

    White’s qualified immunity insulates him from suit. … was clearly established at the time of the alleged violation.

    Cited 13 timesPublished
  • Cayenne v. Tobyhanna Township, PA

    District Court, M.D. Pennsylvania · Aug 5, 2024

    to qualified immunity. … the right was clearly established.

    Cited 0 timesUnknown
  • Minpeco, S.A. v. Conticommodity Services, Inc. Nelson Bunker Hunt

    844 F.2d 856 · Court of Appeals for the D.C. Circuit · Apr 19, 1988

    BUCKLEY, Circuit Judge: This case presents questions of congressional immunity under the Constitution’s Speech or Debate Clause. … Thus, the process by which a committee takes statements and prepares them for publication clearly qualifies as an activity “within the ‘legislative sphere.’ ” See also Browning v. Clerk, U.S.

    Cited 38 timesPublished
  • Clint Small v. James McCrystal

    708 F.3d 997 · Court of Appeals for the Eighth Circuit · Feb 19, 2013

    This court reviews de novo a denial of summary judgment on grounds of qualified immunity. Nelson, 583 F.3d at 527. … 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 would have known

    Abrogated on other grounds by Derek Laney v. City of St. Louis, Missouri, 56 F.4th 1153 (2023)Cited 126 timesPublished
  • Heslip v. Lobbs

    554 F. Supp. 694 · District Court, E.D. Arkansas · Dec 7, 1982

    Rather than pass on the defendants’ qualified immunity claim, the Supreme Court reshaped the contours of the qualified immunity standard, and remanded the case to the Court of Appeals. 3 In numerous cases, cited supra, courts … In essence, the qualified immunity defense attempts to accommodate these competing social goals. The Harlow opinion suggests that evolving standards for qualified immunity had rendered the defense negligible in effect.

    Cited 3 timesPublished
  • Crawford-El v. Britton

    523 U.S. 574 · Supreme Court of the United States · May 4, 1998

    clearly established law, which is an “essentially legal question.” … The immunity standard in Harlow itself eliminates all motive-based claims in which the official’s conduct did not violate clearly established law.

    Questioned by Ross v. State of Alabama, 15 F. Supp. 2d 1173 (1998)Cited 2,596 timesPublished
  • Estate of Lopez Ex Rel. Lopez v. Gelhaus

    871 F.3d 998 · Court of Appeals for the Ninth Circuit · Sep 22, 2017

    Step Two—Whether the right was clearly established. … The • court therefore discussed only step two in its separate section on qualified immunity. It concluded that the law was "clearly established” that Gelhaus's conduct was unconstitutional.

    Cited 134 timesPublished
  • Brooks v. Taylor County

    District Court, N.D. Texas · Oct 21, 2020

    Catre, 77 F.3d 116, 120 (5th Cir. 1996) (“Public officials are entitled to qualified immunity from suit under § 1983 unless it is shown by specific allegations that the officials violated clearly established law.”). … Should Brooks elect to file an amended complaint and Rule 7(a) reply that is “tailored” to the officers’ assertions of qualified immunity, such filings are due no later than 020), published decisions can clearly establish

    Cited 0 timesUnknown
  • Cuvo v. Pocono Mountain School District

    District Court, M.D. Pennsylvania · Mar 21, 2022

    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 … A qualified immunity determination involves a two-pronged inquiry: (1) whether a constitutional or federal right has been violated; and (2) whether that right was “clearly established.” Saucier v.

    Cited 0 timesUnknown

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