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  • Harris v. Commissioner

    16 F.3d 75 · Court of Appeals for the Fifth Circuit · Mar 10, 1994

    Helvering, 293 U.S. 465, 55 S.Ct. 266, 79 L.Ed. 596 (1935) (holding that a transaction, although qualifying in form, failed to qualify in substance as a reorganization because "[t]o hold otherwise would be to exalt artifice … We must, however, accept the Tax Court's findings of fact unless they are clearly erroneous. Commissioner v. Duberstein, 363 U.S. 278, 291, 80 S.Ct. 1190, 1200, 4 L.Ed.2d 1218 (1960).

    Cited 42 timesPublished
  • Pretzman v. Mayorkas

    District Court, District of Columbia · Aug 20, 2024

    “The United States is generally immune from suit unless there is explicit statutory waiver of its sover- eign immunity.” Lewis v. D.C. Police Dep’t, 271 F. … Supp. 3d 18, 23 (D.D.C. 2022) (“The Privacy Act provides a waiver of sovereign immunity, but the waiver is limited in scope: the Act only waives sovereign immunity for ‘actual damages.’ . . .

    Cited 0 timesPublished
  • 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
  • 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
  • Banks v. Booher

    District Court, M.D. Pennsylvania · Mar 5, 2025

    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 a … Defendants do not explain their argument for qualified immunity, beyond asserting that plaintiffs’ claims do not violate a “clearly established right of Native American/Indigenous inmates to have

    Cited 0 timesUnknown
  • 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
  • Mecham v. Frazier

    500 F.3d 1200 · Court of Appeals for the Tenth Circuit · Sep 11, 2007

    Even if the officers’ use of pepper spray was not objectively reasonable, M echam has failed to meet the other requirement necessary to defeat qualified immunity— that the law was clearly established at the time of the … , the officers w ere entitled to qualified immunity because no clearly established law foreclosed the use of force in the circumstances here.

    Cited 97 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
  • 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
  • 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
  • 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
  • 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
  • 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
  • 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
  • The Cloister East, Inc. v. New York State Liquor Authority

    District Court, S.D. New York · Sep 28, 2021

    ”''® However, “[e]ven where the law is clearly established and the scope of an official’s permissible conduct is clearly defined, the qualified immunity defense also protects an official if it was objectively reasonable … “Qualified immunity is no immunity at all if ‘clearly established’ law can simply be defined” at such a high level of generality. /d.

    Cited 0 timesUnknown
  • 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
  • Fenn v. City of Truth or Consequences

    District Court, D. New Mexico · Nov 6, 2019

    immunity prong, and that Defendants Alirez and Apodaca are entitled to qualified immunity under the second “clearly established” prong. … Plaintiff’s failure to carry his burden of showing the law was clearly established entitles Defendants to qualified immunity. See Cox v.

    Cited 0 timesUnknown
  • Canary v. Osborn

    211 F.3d 324 · Court of Appeals for the Sixth Circuit · May 3, 2000

    It is the defendants’ burden to establish the the title of one of its substitute teachers, it voted to not renew existence of absolute legislative immunity. See Kamplain v. … as established by Bogan v.

    Cited 38 timesPublished

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