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  • Walker v. Donahoe

    District Court, S.D. West Virginia · Sep 27, 2019

    Qualified immunity protects government officials from civil damages in § 1983 actions “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would … the qualified immunity analysis.

    Cited 0 timesUnknown
  • Brown

    District Court, E.D. Arkansas · Mar 2, 2026

    Ernst, 933 F.3d 975, 979 (8th Cir. 2019); Morgan, 920 F.3d at 523 (in determining whether an officer has qualified immunity, courts must answer whether the officer violated a clearly established right). … For all of these reasons, Brown did not violate Nelson’s clearly established rights.

    Cited 0 timesUnknown
  • Winfield v. Trottier

    710 F.3d 49 · Court of Appeals for the Second Circuit · Mar 6, 2013

    However, since this right was not 28 clearly established at the time of the search, Trottier is 29 entitled to qualified immunity. … immunity if the right 3 he violated was not “clearly established” at the time of the 4 events at issue.

    Cited 22 timesPublished
  • Donald Jackson v. Pearl Public School Distr

    626 F. App'x 80 · Court of Appeals for the Fifth Circuit · Sep 15, 2015

    Although we express no opinion as to whether the school officials’ conduct was constitutionally infirm, we conclude that the school officials are entitled to qualified immunity because it was not “clearly established” in … Qualified immunity shields federal and state officials from money damages unless a plaintiff shows (1) that the official violated a statutory or constitutional right, and (2) that the right was “clearly established” at the

    Cited 6 timesUnpublished
  • ESTATE OF TAVARIS McGUIRE v. BAKER

    District Court, S.D. Indiana · Nov 4, 2022

    "Qualified immunity attaches when an official's conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known." White v. … The Court then turns to the next question in the qualified immunity analysis which is whether the right at issue was clearly established at the time McGuire was arrested and under the circumstances presented.

    Cited 0 timesUnknown
  • 98 Cal. Daily Op. Serv. 4057, 98 Daily Journal D.A.R. 5623 Nathaniel Watkins v. City of Oakland, California Joseph Samuels, Jr. Craig Chew E. Lewis, Officer T. Chu

    145 F.3d 1087 · Court of Appeals for the Ninth Circuit · May 29, 1998

    "When a law enforcement officer asserts qualified immunity from liability for Fourth Amendment violations, the district court must determine whether, in light of clearly established principles governing the conduct in question … established for purposes of determining whether the officers have qualified immunity. 25 Id. at 1362 .

    Cited 31 timesPublished
  • Cuomo

    District Court, N.D. New York · Mar 24, 2026

    Wright, 386 F.3d 432, 434, 436 (2d Cir. 2004) (describing a defendant’s burden of establishing a qualified immunity defense in a Rule 12(b)(6) motion as a “formidable hurdle”). … Sept. 17, 2013) (denying motion to dismiss on qualified immunity grounds where the defendant “only include[d] the legal standard for establishing qualified immunity and, in a conclusory manner, state[d] that the claims

    Cited 0 timesUnknown
  • BRASHER v. NEW JERSEY STATE PARK POLICE

    District Court, D. New Jersey · Jan 30, 2025

    Plaintiff also contends the Officer Defendants are not entitled to qualified immunity because their actions violated his clearly established rights. (Id. at 24–28.) … immunity because no facts demonstrate a violation of clearly established law.

    Cited 0 timesUnknown
  • ATHEISTS OF FLORIDA v. City of Lakeland, Fla.

    779 F. Supp. 2d 1330 · District Court, M.D. Florida · Mar 15, 2011

    Qualified Immunity Defendants also urge this Court to dismiss all claims against Lakeland Mayor Gow Fields because, at least according to Defendants, Defendant Fields enjoys qualified immunity from suit. … “Qualified immunity shields government officials who perform discretionary governmental functions from civil liability so long as their conduct does not violate any ‘clearly established statutory or constitutional rights

    Cited 10 timesPublished
  • Normand v. Mississippi Department of Corrections

    District Court, N.D. Mississippi · Aug 3, 2021

    has clearly abrogated it.” … constitutional right, and (2) that the right was clearly established at the time of the challenged conduct.”

    Cited 0 timesUnknown
  • EFIRD v. ROCKINGHAM COUNTY SHERIFF SAMUEL SCOTT PAGE

    District Court, M.D. North Carolina · Mar 31, 2025

    Further, under Fourth Circuit precedent, where an officer is denied qualified immunity, he is likewise not entitled to public official immunity. See Bailey v. … Kennedy, 349 F.3d 731, 742 (4th Cir. 2003) (noting that North Carolina public official immunity is “unavailable to officers who violate clearly established rights”); Cooper v.

    Cited 0 timesUnknown
  • Wright v. Moore

    District Court, S.D. Mississippi · Sep 14, 2021

    conduct is clearly established.’” … that the law is clearly established”).

    Cited 0 timesUnknown
  • X-Men Security, Inc. v. Governor George Pataki

    196 F.3d 56 · Court of Appeals for the Second Circuit · Nov 2, 1999

    , contending principally that the complaint failed to allege the violation of any clearly established constitutional right and that, in any event, they were entitled to qualified immunity because it was objectively reasonable … Thus, when the district court has denied a qualified-immunity motion, its rulings that the plaintiff has sufficiently alleged the violation of a constitutional right and that--that right was clearly established at the time

    Cited 0 timesPublished
  • Sims v. Metropolitan Dade County

    972 F.2d 1230 · Court of Appeals for the Eleventh Circuit · Sep 18, 1992

    The current doctrine covers the state official’s discretionary actions with the cloak of qualified immunity so long as the official’s actions do not violate clearly established rights of which a reasonable person would have … ’s actions violated clearly established rights.

    Cited 79 timesPublished
  • George Wingate v. Scott Fulford

    987 F.3d 299 · Court of Appeals for the Fourth Circuit · Feb 4, 2021

    The burden of establishing a qualified immunity defense rests on the official asserting the defense. Meyers v. Baltimore County, 713 F.3d 723, 731 (4th 2013). … But because this right was not clearly established at the time of the arrest, the Officers are entitled to qualified immunity on this claim. 21

    Cited 38 timesPublished
  • T.D. v. Patton

    868 F.3d 1209 · Court of Appeals for the Tenth Circuit · Aug 28, 2017

    Patton addresses only the second prong of her qualified-immunity defense— whether she violated a clearly established constitutional right. … Patton does not persuade us that she is entitled to qualified immunity for lack of clearly established law. i. Post-custody conduct Ms.

    Cited 141 timesPublished
  • Ketring v. City of Loveland, Ohio

    District Court, S.D. Ohio · Jun 6, 2023

    right was clearly established at the time of the offense. … Once a defendant raises the qualified immunity defense, the plaintiff has the burden of demonstrating a violation of a constitutional right and showing that the right was clearly established.

    Cited 0 timesUnknown
  • Hernandez v. County of Santa Clara

    District Court, N.D. California · Dec 8, 2020

    was clearly established at the time of the 11 alleged misconduct.” … 6 risk that [detainee] would imminently attempt suicide”). 7 Plaintiff argues that qualified immunity does not apply in this case because “custodial 8 safety” is a “clearly established right,”

    Cited 0 timesUnknown
  • Horn v. Price

    255 N.J. Super. 350 · New Jersey Superior Court Appellate Division · Apr 9, 1992

    doctrine of parental immunity. … Moreover, we are satisfied that all issues of law raised are clearly without merit. R. 2:ll-3(e)(l)(E).

    Cited 4 timesPublished
  • Berg v. N.Y.C. Police Comm'r

    Court of Appeals for the Second Circuit · Jul 25, 2018

      we  determine  they  violated a  clearly  established  right.  … Vega, 371 F.3d 110,  8 116  (2d  Cir.  2004)  (stating  that  where  qualified  immunity  is  based  on  9 claimed special need to search parolee’s residence, the issue “is whether, in  10 light of clearly established

    Cited 0 timesPublished

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