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  • Timpa v. The City of Dallas

    District Court, N.D. Texas · Jul 6, 2020

    Adherence to the Fifth Circuit’s qualified immunity analysis in Pratt, as well as the Supreme Court’s frequent exhortation “not to define clearly established law at a high level of generality,” means that Gutierrez does … Because there is no clearly established law holding unconstitutional restraints analogous to the Defendants’ restraint of Timpa, the Court holds that qualified immunity bars the excessive force claims against the Defendants

    Cited 0 timesUnknown
  • Reyes-Herrera v. Flaitz

    District Court, W.D. New York · Feb 20, 2020

    “An official is therefore entitled to immunity if his action was ‘objectively legally reasonable in light of the legal rules that were clearly established at the time it was taken.’” … Defendants advance two arguments in support of their position that they are entitled to qualified immunity: (1) they did not violate a clearly established right, and (2) they had arguable probable

    Cited 0 timesUnknown
  • Levine v. City of Alameda

    525 F.3d 903 · Court of Appeals for the Ninth Circuit · May 13, 2008

    Qualified Immunity The district court properly found that Flint was not personally liable for violating Levine’s due process rights based on qualified immunity. … Under the defense of qualified immunity, a government official is immune from civil damages unless his conduct violates a clearly established right of which a reasonable person would have known. Long v.

    Cited 53 timesPublished
  • William J. Harrell, Patricia Parker, and Karen Schamm v. United States of America, Ltjg Atkin

    875 F.2d 828 · Court of Appeals for the Eleventh Circuit · Jun 14, 1989

    Qualified Immunity A government official performing a discretionary function is entitled to qualified immunity from personal liability when the acts complained of violate no clearly established law of which a reasonable person … Moreover, appellant argues that his actions were within the limits of clearly established law, thus entitling him to immunity with respect to the constitutional torts. 2 Lt.

    Cited 13 timesPublished
  • Jasmaine f/k/a Duane L. Fox v. Linsenby

    District Court, W.D. North Carolina · Sep 13, 2021

    “To determine whether an officer is entitled to qualified immunity, the court must examine (1) whether the plaintiff has demonstrated that the officer violated a constitutional right and (2) whether that right was clearly … Dolgos, 884 F.3d 172, 178 (4th Cir. 2018) (internal quotation marks omitted); see Lovelace, 472 F.3d at 199 (finding that an inmate’s RLUIPA rights were clearly established in 2002 for qualified immunity purposes).

    Cited 0 timesUnknown
  • Scott Emerson Felix v. Daniel J. McCarthy Director of the Department of Corrections P.J. Morris J. Campoy Daniel Vasquez Morris, Lt.

    939 F.2d 699 · Court of Appeals for the Ninth Circuit · Jul 10, 1991

    The guards assert that they are entitled to the defense of qualified immunity because it was not clearly established in March 1985 that the guards’ conduct would violate Felix’s clearly established constitutional rights. … Qualified Immunity The guards argue that they are entitled to qualified immunity because they did not violate any clearly established constitutional right of which a reasonable person would have known.

    Cited 58 timesPublished
  • Hamner v. Tuscaloosa County School System

    District Court, N.D. Alabama · Feb 17, 2021

    James, 157 F.3d 1271, 1284 (11th Cir. 1998) (stating that “clearly established principles of law will seldom if ever suffice to strip a defendant of qualified immunity”). … violated a clearly established right, which she has not done.

    Cited 0 timesUnknown
  • Reeves v. The City of Springfield

    District Court, C.D. Illinois · Oct 1, 2025

    right was clearly established at the time of the alleged violation. … But where the law was clearly established, both qualified immunity questions must be addressed. Id.

    Cited 0 timesUnknown
  • Vasquez v. Coughlin

    726 F. Supp. 466 · District Court, S.D. New York · Dec 5, 1989

    The Second Circuit has clearly articulated the instances when a defendant is entitled to qualified immunity. … But see Gittens, 720 F.Supp. at 43-44 (immunity granted based on finding that in 1987 the requirement was not clearly established in this Circuit).

    Cited 13 timesPublished
  • Bell v. Lee

    District Court, N.D. California · Mar 11, 2024

    They also argue that Gatmen and Herron are entitled to qualified immunity 16 because they carried Bell at the direction of Lieutenant Krol. … Cnty. of Orange, 364 F.3d 1107, 1112 (9th Cir. 2004) (clearly established right to be free 7 || of excessive force encompasses “well-established” right to be free of overly tight handcuffs) (citing 8 Meredith

    Cited 0 timesUnknown
  • Tucker v. Boldo

    District Court, D. Minnesota · Dec 17, 2024

    In general, the doctrine of qualified immunity protects government officials from section 1983 liability “unless their conduct violated a clearly established constitutional or statutory right of which a reasonable person … United States, 813 F.3d 689, 696 (8th Cir. 2015) (“Whether an asserted federal right was clearly established at a particular time, so that a public official who allegedly violated the right has no qualified immunity from

    Cited 0 timesUnknown
  • Jeffrey C. Rahn v. Vickie Hawkins

    73 F. App'x 898 · Court of Appeals for the Eighth Circuit · Aug 26, 2003

    The district court found the officers were entitled to qualified immunity on the excessive-force claim and granted summary judgment to defendants on the remaining claims.1 We reverse the grant of qualified immunity, and we … We also hold that the constitutional right at issue was clearly established. See Hope v.

    Cited 6 timesUnpublished
  • Robbins v. IOWA-ILLINOIS GAS AND ELECTRIC COMPANY

    160 N.W.2d 847 · Supreme Court of Iowa · Sep 5, 1968

    In determining the extent of the qualified immunity granted in the first clause of rule 141(a) the key words are “injustice or undue hardship.” Sanders v. Ayrhart, 89 Idaho 302 , 404 P.2d 589, 594 . … We are unable to determine from the interrogatory as framed whether plaintiffs seek to secure matters given absolute protection under category (2), matters given qualified immunity under category (1) or both.

    Cited 6 timesPublished
  • Capone v. Marinelli

    868 F.2d 102 · Court of Appeals for the Third Circuit · Feb 23, 1989

    Because we find that the Appellants reasonably relied upon a bulletin establishing the existence of a warrant for arrest, they are entitled to qualified immunity as a matter of law. … violate clearly established statutory or constitutional rights of which a reasonable person would have known.”

    Cited 50 timesPublished
  • Brian Cornfield, a Minor, by His Mother and Next Friend, Janet Lewis v. Consolidated High School District No. 230, Richard Spencer, and James Frye

    991 F.2d 1316 · Court of Appeals for the Seventh Circuit · Apr 23, 1993

    “Under the doctrine of qualified immunity, public officials performing discretionary functions are protected against suits from damages unless their conduct violates clearly established statutory or constitutional rights … Because Cornfield has not succeeded in placing the actions taken by Spencer and Frye outside a “clearly established” constitutional norm, they are entitled to qualified immunity. II.

    Cited 279 timesPublished
  • WAGNER v. CITY OF NEWARK

    District Court, D. New Jersey · Feb 27, 2025

    Defendant Henry puts forth that qualified immunity shields him from liability as Plaintiff has not pled facts demonstrating he violated a clearly established constitutional right. (D.E. 63-2 at 15.) … clearly established in light of the specific context of the case.”

    Cited 0 timesUnknown
  • CONONIE v. BRUNNER

    District Court, W.D. Pennsylvania · Jun 3, 2025

    In addition, Officer Brunner is entitled to qualified immunity, because he relied upon a credible report that a crime had occurred, and upon his interview with the Plaintiff, which supported his belief that a crime had … Barkes, 575 U.S. 822, 825 (2015) (“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

    Cited 0 timesUnknown
  • Wright v. 15th District Palm Beach County State Attorney's Office

    District Court, S.D. Florida · Aug 4, 2025

    Lastly, the Court agrees with the Report that Deputy Di Orsini is entitled to qualified immunity, because Count 5 fails to allege any constitutional violations, let alone any “clearly established” constitutional violations … App’x 870, 875 (4th Cir. 2004).], none of that would signal a violation of a “clearly established” constitutional right in this Circuit as would be required to overcome qualified immunity. See Chesser v.

    Cited 0 timesUnknown
  • Justin Parsons v. City of Pontiac

    Court of Appeals for the Sixth Circuit · Jun 24, 2008

    “If no constitutional right would have been violated were the allegations established, there is no necessity for further inquiries concerning qualified immunity.” Saucier, 533 U.S. at 201. … But under § 1983, “an arresting agent is entitled to qualified immunity if he or she could reasonably (even if erroneously) have believed that the arrest was lawful, in light of clearly established law and the information

    Cited 0 timesPublished
  • DAVIS v. BURKE

    District Court, D. New Jersey · Mar 7, 2022

    “Qualified immunity shields government officials from personal liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would … App’x 373, 378-79 (3d Cir. 2004) (“To the extent the Supervisory Defendants fail to address the issue [of whether a right was clearly established], therefore, their claim for qualified immunity fails ipso facto.”).

    Cited 0 timesUnknown

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