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  • James O'Doan v. Joshua Sanford

    991 F.3d 1027 · Court of Appeals for the Ninth Circuit · Mar 19, 2021

    In the exercise of our discretion, and with the Supreme Court’s admonitions in mind, we resolve this case only on the “clearly established law” prong of the qualified immunity framework. … If qualified immunity means anything, it is that clearly established law did not require officers to make a medical judgment that not even O’Doan’s treating physician was willing to hazard.

    Cited 83 timesPublished
  • Creighton v. Anderson

    922 F.2d 443 · Court of Appeals for the Eighth Circuit · Dec 17, 1990

    Once the plaintiff has demonstrated that the law governing the plaintiffs’ rights was clearly established at the time of the defendant’s acts, the defendant has the burden of proof with respect to all other elements of the … qualified immunity defense.

    Cited 31 timesPublished
  • Mendoza v. Herrera

    District Court, N.D. Illinois · Jul 14, 2020

    Qualified immunity “shields officials from civil liability so long as their conduct ‘does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’” … In response to defendants’ motion for summary judgment as to qualified immunity, plaintiff does not identify a case that clearly establishes that his constitutional rights were violated.

    Cited 0 timesUnknown
  • Dennis Grimes v. James Tilton

    384 F. App'x 603 · Court of Appeals for the Ninth Circuit · Jun 17, 2010

    Defendant prison officials appeal from the district court’s order denying them qualified immunity in California state prisoner Dennis Grimes’s 42 U.S.C. § 1983 action. … were clearly established in late 2005 and 2006 when defendants denied his requests for a vegetarian diet based on his religious beliefs.

    Cited 2 timesUnpublished
  • Clabough

    District Court, E.D. North Carolina · Mar 18, 2026

    entitled to qualified immunity.”). … Forsythe, 472 U.S. 511, 526 (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

    Cited 0 timesUnknown
  • Lane v. Sarpy County

    165 F.3d 623 · Court of Appeals for the Eighth Circuit · Jan 13, 1999

    For reversal, Lane argues that the district court erred in holding that qualified immunity protects defendants from § 1983 liability for errors made in the preparation and execution of an arrest warrant intended for another … Because plaintiff cannot establish a constitutional violation, defendants are entitled to summary judgment based on qualified immunity. 6 In sum, we conclude upon careful review that the district court's analysis of this

    Cited 2 timesPublished
  • John P. Kelly v. Unknown Manriquez

    532 F. App'x 677 · Court of Appeals for the Ninth Circuit · Jun 26, 2013

    dismissal on the basis of qualified immunity. Kwai Fun Wong v. United States, 373 F.3d 952, 966 n.18 (9th Cir. 2004). We affirm. … Callahan, 555 U.S. 223, 232 (2009) (defendant is entitled to qualified immunity unless the conduct at issue violated a clearly established constitutional right).

    Cited 0 timesUnpublished
  • Quintana v. Santa Fe County Board of Comm.

    973 F.3d 1022 · Court of Appeals for the Tenth Circuit · Aug 28, 2020

    Qualified Immunity Our qualified-immunity inquiry requires a plaintiff to allege that: (1) the defendant violated a constitutional right and (2) the constitutional right was clearly established at the time of the … When qualified immunity is asserted, the plaintiffs must show that the defendants violated a constitutional or statutory right that was clearly established. Estate of Booker v.

    Cited 137 timesPublished
  • Christensen v. Park City Municipal Corp.

    554 F.3d 1271 · Court of Appeals for the Tenth Circuit · Feb 6, 2009

    Christensen] was not ‘clearly established’ in January 2004 [the date of the incident],” id. at 8, thus entitling the individual defendants to qualified immunity. … Until very recently, in a case of qualified immunity, district and appellate courts were required to resolve the issue of law before proceeding to whether it was clearly established. Saucier v.

    Cited 104 timesPublished
  • Vives v. City of New York

    405 F.3d 115 · Court of Appeals for the Second Circuit · Dec 21, 2004

    On the basis of the foregoing, we hold that defendants did not have fair notice of section 240.30(l)’s purported unconstitutionality and that the District Court erred in denying Detectives Li and Lu qualified immunity on … CONCLUSION The portion of the District Court’s judgment denying defendants qualified immunity is reversed, and the cause is remanded to the District Court with instructions to enter summary judgment in favor of defendants

    Cited 24 timesPublished
  • Washington v. St. Louis, Missouri, City of

    District Court, E.D. Missouri · Mar 31, 2021

    Defendants assert that the individual defendants are entitled to qualified immunity because “their conduct comported with and did not violate clearly established law.” Doc. [11-1] at 13. … immunity because it was not clearly established at the time of the incident that their conduct was a violation of Mr.

    Cited 0 timesUnknown
  • Strickland v. City of Las Cruces

    District Court, D. New Mexico · Mar 27, 2025

    (Doc. 63) at 11.1 Alternatively, Defendants argue they are “entitled to qualified immunity, pursuant to Wilson, 52 F.3d 1547, because the law was not clearly established at the time of the incident.” Id. … Even if the Court determined Defendant Officers’ PIT maneuver was objectively unreasonable, the Officers are entitled to qualified immunity because performing the PIT maneuver did not violate clearly established law.

    Cited 0 timesUnknown
  • Richard Marx, Individually and Kristina Marx, a Minor v. Glenn H. Gumbinner, Bruce H. Colton and Pamela J. Roebuck

    855 F.2d 783 · Court of Appeals for the Eleventh Circuit · Sep 20, 1988

    Thus, a government official who is potentially entitled to absolute immunity may seek to establish his immunity in the following manner. … prosecutors engage are, at most, accorded only qualified immunity.

    Abrogated on other grounds by Burns v. Reed, 500 U.S. 478 (1991)Cited 54 timesPublished
  • Irvin v. Prentiss County, Mississippi

    District Court, N.D. Mississippi · Jan 27, 2021

    Clifton, 29 F.3d 1012 (5th Cir. 1994) (holding that law enforcement officers are entitled to qualified immunity “unless it is shown that, at the time of the incident, [the officer] violated a clearly established constitutional … The Defendants contend that Irvin cannot establish deliberate indifference, relying in large part on various affidavits attached to their Motion [56].

    Cited 0 timesUnknown
  • Novak v. City of Parma

    District Court, N.D. Ohio · Feb 24, 2021

    Qualified immunity shields government officials from civil damages liability unless the official violated a statutory or constitutional right that was clearly established at the time of the challenged conduct. … Seitzinger, 363 F. 3d 645, 648 (7th Cir. 2004) (awarding officer qualified immunity and holding that the officer’s consultation with prosecutor “goes far” to establish qualified immunity); Dixon v.

    Cited 0 timesUnknown
  • Yu Kikumura v. C.A. Turner

    28 F.3d 592 · Court of Appeals for the Seventh Circuit · Jun 27, 1994

    The district court granted summary judgment in Turner’s favor, finding that Turner was entitled to qualified immunity, and that the challenged actions did not violate Kikumura’s “clearly established constitutional rights. … As our discussion of Kikumura’s claim for declaratory and injunctive relief (pages 597-99, below) demonstrates, this is a close question, and the point of qualified immunity and its “clearly established” requirement is that

    Cited 55 timesPublished
  • Hill v. City of New York

    45 F.3d 653 · Court of Appeals for the Second Circuit · Jan 17, 1995

    IV Qualified Immunity and Failure to State a Claim Adago urges that even were he not to be entitled to absolute immunity for some of his conduct, qualified immunity shields him from liability for it. … Under qualified immunity, a government official may claim immunity from suit only when in light of clearly established law and the information the official possesses, it was objectively reasonable for him to think that his

    Cited 264 timesPublished
  • Halley v. Huckaby

    902 F.3d 1136 · Court of Appeals for the Tenth Circuit · Aug 27, 2018

    But the good-faith exception is subsumed by the clearly-established prong of qualified immunity, which we discuss below. See Groh v. … Clearly Established Law We now turn to the second part of our qualified immunity analysis.

    Cited 171 timesPublished
  • Estate of Jeffrey Ford v. Ramirez-Palmer

    301 F.3d 1043 · Court of Appeals for the Ninth Circuit · Aug 23, 2002

    Each moved for summary judgment on qualified immunity. … was clearly established.

    Cited 202 timesPublished
  • Hyman v. Lewis

    District Court, E.D. Michigan · Nov 14, 2019

    The complaint fails to state a claim under § 1983; further, because Plaintiff has not articulated a constitutional violation by the individual defendants, they are entitled to qualified immunity. … Callahan, 555 U.S. 223, 231 (2009) (qualified immunity provides immunity from suit for government officials “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a

    Cited 0 timesUnknown

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