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  • Maye v. New Haven

    District Court, D. Connecticut · Jan 24, 2023

    The qualified immunity decisions Defendants cite as the “controlling decisions” were the law on qualified immunity when the deadline for dispositive motions passed. … City of New York, 374 F.3d 93, 108 (2d Cir. 2004) (“The matter of whether a right was clearly established at the pertinent time is a question of law.”) (citing cases).

    Cited 0 timesUnknown
  • Misael Cordero v. Gregory Kelley

    Court of Appeals for the Third Circuit · Mar 19, 2026

    The analysis of a qualified immunity claim is guided by a two-part test: (1) “whether the facts … show the violation of a legal right,” and (2) “whether that right was clearly established.” Id. at 227. … And a “state statute cannot ‘clearly establish’ the federal right for qualified immunity purposes.” Id.

    Cited 0 timesUnpublished
  • United States v. Morton

    Court of Appeals for the Fifth Circuit · Aug 23, 2022

    Morton, 984 F.3d 421, 427 (5th Cir. 2021), they do not establish probable cause “that the photographs on Morton’s phones would contain evidence pertinent to [that] crime,” id. at 428. … Callahan, 555 U.S. 223 236 (2009) (giving courts discretion to rule only on the “clearly established” inquiry for qualified immunity but recognizing that deciding the underlying constitutional question is “often

    Cited 0 timesPublished
  • Robinson v. Prunty

    249 F.3d 862 · Court of Appeals for the Ninth Circuit · May 7, 2001

    The defendants moved for summary judgment on the ground that they were entitled to qualified immunity. … “In order to determine whether an official is entitled to qualified immunity, a court must (1) identify the right allegedly violated, (2) determine whether the right was ‘clearly established,’ and (3) determine whether a

    Cited 57 timesPublished
  • Vasquez v. Davis

    226 F. Supp. 3d 1189 · District Court, D. Colorado · Dec 28, 2016

    Duty & Qualified Immunity a. … The “clearly established” element of the qualified immunity analysis would not require a specific case about vomiting blood before CDOC officials could be held liable. Cf.

    Cited 0 timesPublished
  • Sanchez v. Guzman

    105 F.4th 1285 · Court of Appeals for the Tenth Circuit · Jun 28, 2024

    established law prong of the qualified-immunity test. … entitled to qualified immunity.

    Cited 22 timesPublished
  • Dale D. Hoover v. Patricia Radabaugh

    307 F.3d 460 · Court of Appeals for the Sixth Circuit · Oct 3, 2002

    Clearly Established Constitutional Rights As noted above, the Sixth Circuit uses a two-part test to determine whether an official is protected by qualified immunity. … Fitzgerald, 457 U.S. 800 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982): clearly established rights, for the purpose of qualified immunity, are “clearly established statutory or constitutional rights of which a reasonable person

    Cited 70 timesPublished
  • Hameed v. Mann

    57 F.3d 217 · Court of Appeals for the Second Circuit · Jun 15, 1995

    The district court dismissed the complaint against Selsky on the ground that he was entitled to absolute immunity. Thereafter, in Young v. … to qualified immunity.

    Cited 13 timesPublished
  • Ragland v. City of New York

    District Court, S.D. New York · Feb 25, 2022

    In addition, with respect to the defense of qualified immunity under federal law, or governmental immunity under New York Law, a jury could conclude that the Defendants’ decision to search and arrest Plaintiff under such … City of New York, 478 F.3d 76, 87 (2d Cir. 2007) (“Under federal law, a police officer is entitled to qualified immunity where (1) his conduct does not violate clearly established statutory or constitutional rights of

    Cited 0 timesUnknown
  • Park v. Shiflett

    Court of Appeals for the Fourth Circuit · May 17, 2001

    The determination of whether qualified immunity exists is ultimately a question for the court. The standard used for determining qualified immunity is an "objectively reasonable" standard. … The court does not look to the sub- jective intent of the officer in granting qualified immunity.

    Cited 0 timesPublished
  • Muschette v. Gionfriddo

    Court of Appeals for the Second Circuit · Dec 7, 2018

    “Qualified immunity protects officials from liability for civil damages as  long as their conduct does not violate clearly established statutory or  constitutional rights of which a reasonable person would have known.”   … Torreso, 764 F.3d  217, 237 (2d Cir. 2014) (“An officer is not entitled to qualified immunity on the grounds  that the law is not clearly established every time a novel method is used to inflict  injury.” 

    Cited 0 timesPublished
  • 33 Seminary LLC v. City of Binghamton

    120 F. Supp. 3d 223 · District Court, N.D. New York · Jul 28, 2015

    Absolute and Qualified Immunity Defendants also argue that even if they violated Plaintiffs’ constitutional rights, they are entitled to qualified immunity in their individual capacities because they did not violate a clearly … Defendants unreasonably violated a clearly established right of Plaintiffs.

    Cited 6 timesPublished
  • Hernandez v. City of Rochester

    260 F. Supp. 2d 599 · District Court, W.D. New York · Apr 30, 2003

    clearly established law.” … Katz, 533 U.S. 194 , 200, 121 S.Ct. 2151 , 150 L.Ed.2d 272 (2001). 9 *613 To establish a qualified immunity defense, then, defendants must show either “(a) the defendant’s action did not violate clearly established law, or

    Cited 7 timesPublished
  • Robinson v. White

    District Court, E.D. Michigan · Oct 25, 2024

    Defendant’s second argument on qualified immunity roughly equates to: even if there was a constitutional violation here, the individual officers are entitled to qualified immunity for reasonable but … not be entitled to qualified immunity.

    Cited 0 timesUnknown
  • Springer v. Placer County

    338 F. App'x 587 · Court of Appeals for the Ninth Circuit · Jun 18, 2009

    We follow a two-pronged approach when analyzing qualified immunity. … Morris confronted that her conduct was unlawful under clearly established law.

    Cited 0 timesPublished
  • Wood v. State of Utah

    District Court, D. Utah · Jan 3, 2025

    qualified immunity. … Qualified Immunity Qualified immunity shields state officers from civil liability if their conduct “does not violate clearly established statutory or constitutional rights

    Cited 0 timesUnknown
  • Wooten v. Campbell

    49 F.3d 696 · Court of Appeals for the Eleventh Circuit · Apr 6, 1995

    Under the qualified immunity standards, Wooten fails to demonstrate that the defendants violated a clearly established right. It was not I. … Under the qualified immunity defense, the defendants are immune from liability if Wooten's complaint fails to state a violation of a "clearly established statutory or constitutional right[ ] of which a reasonable person

    Cited 72 timesPublished
  • William Willson v. Thomas Yerke

    604 F. App'x 149 · Court of Appeals for the Third Circuit · Mar 11, 2015

    immunity from § 1983 claims for damages unless the facts alleged by the plaintiff show the violation of a constitutional right, and the right at issue was clearly established at the time of the alleged misconduct. 5 Here … qualified immunity on this basis as well.

    Cited 10 timesUnpublished
  • People of Michigan v. Dametrius Benjamin Posey

    Michigan Supreme Court · Jul 31, 2023

    immunity rather than complete immunity applies where the prosecutor is acting as a police officer and not in the role of an advocate) (quotation marks and citation omitted). … The lead opinion does not address this important qualifier.

    Cited 0 timesPublished
  • Moses Stryker v. City of Homewood

    978 F.3d 769 · Court of Appeals for the Eleventh Circuit · Oct 20, 2020

    Qualified immunity is a doctrine that shields public officials “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … violated was clearly established.”

    Cited 30 timesPublished

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