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District Court, W.D. Washington · Sep 19, 2023
Defendants have raised a viable issue regarding the manner in which the Court analyzed 19 qualified immunity. See Cunningham v. … Fry, 873 F.3d 817, 821 (9th Cir. 2017) (“[T]he 4 ‘clearly established’ inquiry is a question of law that only a judge can decide.”).
Cited 0 timesUnknownAmnesty International, USA v. Battle
559 F.3d 1170 · Court of Appeals for the Eleventh Circuit · Feb 23, 2009
’ qualified immunity from suit. … Qualified Immunity “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
Abrogated on other grounds by Ashcroft v. Iqbal, 556 U.S. 662 (2009)Cited 85 timesPublishedFajardo v. City of Bakersfield
District Court, E.D. California · Jan 25, 2022
Immunity 3 “Qualified immunity shields officers from civil liability so long as their conduct does not 4 violate clearly established statutory or constitutional rights … S. 223 (2009)(holding 6 that officers were entitled to qualified immunity because their entry did not violate clearly 7
Cited 0 timesUnknown120 F.4th 1150 · Court of Appeals for the Second Circuit · Nov 5, 2024
And it is well-established that Congress has not validly abrogated the states’ sovereign immunity for claims arising under Title I. See Bd. of Trs. of Univ. of Ala. v. Garrett, 531 U.S. 356, 360 (2001). … Because Congress has clearly expressed its intention to abrogate state sovereign immunity for all claims under the ADA, see 42 U.S.C.
Cited 26 timesPublished953 F.2d 1240 · Court of Appeals for the Tenth Circuit · Jan 27, 1992
, public officials lose immunity in the face of clearly established law. … established law," thereby giving rise to qualified immunity under Harlow....
Cited 41 timesPublishedEstella Lucero v. Dennis B. Hart, Rugh J. Papp, and Susie Mitchell
915 F.2d 1367 · Court of Appeals for the Ninth Circuit · Oct 3, 1990
Government officials are immune from liability for civil damages under § 1983 unless their conduct violates “clearly established statutory or constitutional rights of which a reasonable person would have known.” … Under Harlow’s “reasonable person” test, no clearly established statutory or constitutional right was violated. Thus, the district court’s grant of summary judgment on the issue of qualified immunity is affirmed. B.
Cited 79 timesPublishedJavier Vanegas v. City of Pasadena
46 F.4th 1159 · Court of Appeals for the Ninth Circuit · Aug 31, 2022
CITY OF PASADENA qualified immunity analysis—whether the unlawfulness of the officers’ conduct was not “clearly established.” … And even if no probable cause existed under state law, they contend they are still entitled to qualified immunity given there was no violation of clearly established law.
Cited 38 timesPublishedDistrict Court, M.D. Tennessee · Apr 4, 2025
Qualified immunity protects government officials from civil damages “unless (1) they violated a federal statutory or constitutional right, and (2) the unlawfulness of their conduct was ‘clearly established at the time. … Evans, 90 F.4th 541, 548 (6th Cir. 2024) (the defendant is entitled to qualified immunity because the plaintiff’s cursory briefing makes no attempt to meet his burden of showing that the defendant violated his clearly
Cited 0 timesUnknownSherry Wilkerson v. City of Akron, Ohio
906 F.3d 477 · Court of Appeals for the Sixth Circuit · Oct 15, 2018
Qualified immunity shields officers from liability so long as they do not violate clearly established rights that a reasonable officer in their shoes would have recognized. Harlow v. … Danzy did not violate Thomas’s clearly established Fourth Amendment rights.
Cited 18 timesPublished284 F.3d 1188 · Court of Appeals for the Eleventh Circuit · Mar 5, 2002
Qualified immunity offers “complete protection for government officials sued in their individual capacities as long as ‘their conduct violates no clearly established statutory or constitutional rights of which a reasonable … Talladega City Bd. of Educ., 115 F.3d 821, 826 n.4 (11th Cir. 1997) (“In this circuit, the law can be clearly established for qualified immunity purposes only by decisions of the U.S.
Overruled in part, on other grounds by Pearson v. Callahan, 555 U.S. 223 (2009)Cited 1,283 timesPublished243 F.3d 157 · Court of Appeals for the Fourth Circuit · Apr 5, 2001
The legal principles governing qualified immunity analysis are well established. … “Police officers are protected by qualified immunity when performing their duties within the scope of their employment insofar as their conduct does not breach ‘clearly established statutory or constitutional rights of which
Abrogated on other grounds by Pearson v. Callahan, 555 U.S. 223 (2009)Cited 68 timesPublishedTechnical Ordnance, Inc. v. United States
244 F.3d 641 · Court of Appeals for the Eighth Circuit · Mar 26, 2001
Moreover, since Moore's conduct took place prior to the 1994 decision in Albright, it could not have violated any clearly established constitutional right. Moore is entitled to qualified immunity on this claim. … established constitutional right and that as a matter of law he is entitled to qualified immunity.
Cited 10 timesPublishedPatricia Polanco v. Ralph Diaz
76 F.4th 918 · Court of Appeals for the Ninth Circuit · Aug 7, 2023
NELSON, dissenting: Because the law is not clearly established, I conclude that the Defendants are entitled to qualified immunity. … Id. at 1121 (granting qualified immunity because it found the law was not clearly established).
Cited 77 timesPublished17 F.3d 944 · Court of Appeals for the Seventh Circuit · Feb 18, 1994
Under the doctrine of qualified immunity, “governmental officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory … As the Adams court correctly ob *953 served, “generalities are just not helpful” in qualified immunity decisions because “[t]he bright line of ‘clearly established law”’ is “staked out by a process of inclusion and exclusion
Cited 157 timesPublishedNeri v. City of San Benito, Texas
District Court, S.D. Texas · Aug 22, 2024
In his Motion to Dismiss, Stansbury pleads qualified immunity. Dkt. No. 17, pp. 3- 4. Resultingly, it is Neri who bears the burden of establishing that qualified immunity is inappropriate. … Given the above, Stansbury is entitled to the protections of qualified immunity because there is no clearly established law that put him on notice that his conduct was unconstitutional.
Cited 0 timesUnknownCindy L. Cameron and Lawrence M. Cameron v. James McCauley Seitz, Monroe County Probate Court
38 F.3d 264 · Court of Appeals for the Sixth Circuit · Oct 21, 1994
Seitz is entitled to qualified immunity in the performance of official discretionary functions to the extent that his conduct did not violate clearly established statutory or constitutional rights. Flatford v. … The fact that the contours of such protection simply have not been clearly extended to engagements compels the con *276 elusion that qualified immunity is mandated here. 5 Because there were no clearly established constitutional
Cited 137 timesPublishedAbdulsalaam v. Franklin County Board of Commissioners
637 F. Supp. 2d 561 · District Court, S.D. Ohio · Jul 23, 2009
qualified immunity. … Qualified Immunity Defendants claim that they are entitled to qualified immunity on all of Plaintiffs’ federal claims.
Cited 46 timesPublishedParker v. St. Stephen's Urban Dev.
243 N.J. Super. 317 · New Jersey Superior Court Appellate Division · Aug 24, 1990
That total figure is *321 prorated among the apartments to establish the "basic rent" for each unit. … Defendant clearly falls outside the scope of this definition. No benefactor whose charitable contributions require protection exists in this case.
Cited 44 timesPublishedJames Raper, Jr. v. Tina Maxwell
Court of Appeals for the Eighth Circuit · Apr 10, 2023
Hickey, Chief Judge, United States District Court for the Western District of Arkansas, adopting the report and recommendations of reviewed the record and the parties’ arguments on appeal, we conclude that qualified immunity … Roy, 847 F.3d 637, 641– 42 (8th Cir. 2017) (reviewing the failure to state a claim de novo and explaining that a right must be clearly established for an alleged violation to defeat qualified immunity).
Cited 0 timesUnpublishedDistrict Court, E.D. Pennsylvania · Sep 9, 2020
Qualified Immunity The doctrine of qualified immunity has long “protect[ed] government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or … establish a right for purposes of qualified immunity.”
Cited 0 timesUnknown
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