Case law

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  • Beneficial Consumer Discount Company v. David R. Poltonowicz John Poltonowicz the Internal Revenue Service of the United States of America

    47 F.3d 91 · Court of Appeals for the Third Circuit · Feb 9, 1995

    of the well-established injunction against recognizing a waiver of federal sovereign immunity not evidenced in the statutory text. … Accordingly, a showing of a violation of federal law will not alone suffice to qualify a claim under the FTCA's waiver. Nuclear Transp. & Storage, Inc. v.

    Cited 45 timesPublished
  • Valle Arrizon v. Wolf

    District Court, W.D. Michigan · Oct 21, 2021

    Qualified Immunity (Count II) Defendants contend that they are entitled to qualified immunity to Plaintiff’s RFRA claim in Count II. See Tanzin v. Tanvir, 141 S. … The “clearly established” standard also requires that the legal principle clearly prohibit the officer’s conduct in the particular circumstances before him.

    Cited 0 timesUnknown
  • Wolff, Ronald v. Virgil, Tina

    District Court, W.D. Wisconsin · Aug 4, 2023

    Holloway, 510 U.S. 510, 516 (1994) (“Qualified immunity shields government officials from civil damages liability unless the official violated a statutory or constitutional right that was clearly established … Plaintiffs oppose this motion, but as discussed in detail above, defendant Yerges is entitled to qualified immunity unless plaintiffs show that he violated a clearly established law of which a reasonable officer should

    Cited 0 timesUnknown
  • Willingham v. Loughnan

    261 F.3d 1178 · Court of Appeals for the Eleventh Circuit · Aug 15, 2001

    The Officer Defendants argue, most substantively, that they are entitled to qualified immunity because their acts violated no clearly established law at the pertinent time. … established preexisting law for qualified immunity purposes.

    Cited 0 timesPublished
  • Sturm v. Ross

    11 F. Supp. 2d 942 · District Court, S.D. Texas · Aug 10, 1998

    Qualified immunity protects government officials from liability for conduct in the course of their official duties unless the alleged conduct violated clearly established law of which a reasonable public official would have … The Fifth Circuit has developed a two-step process for the examination of a claim of qualified immunity. The first inquiry is whether Plaintiff has alleged a violation of a clearly established constitutional right.

    Cited 0 timesPublished
  • Chambers v. Puff

    District Court, N.D. Indiana · Sep 8, 2021

    Lemmon, 911 F.3d 412, 419 (7th Cir. 2018) (finding waiver where plaintiff did not address the “clearly established” prong of qualified immunity in the district court). … What this argument ignores is the fact that qualified immunity is a question of law for the Court to decide; the existence of a clearly established right is not an issue for a jury. Brown v. Knapp, 156 F.

    Cited 0 timesUnknown
  • Fowler v. Batts

    District Court, M.D. Tennessee · Nov 19, 2024

    Qualified immunity protects government officials from civil damages “unless (1) they violated a federal statutory or constitutional right, and (2) the unlawfulness of their conduct was ‘clearly established at the time.’ … Evans, 90 F.4th 541, 548 (6th Cir. 2024) (the defendant is entitled to qualified immunity because the plaintiff’s cursory briefing makes no attempt to meet his burden of showing that the defendant violated his clearly

    Cited 0 timesUnknown
  • Ehsan Ouza v. City of Dearborn Heights, Mich.

    Court of Appeals for the Sixth Circuit · Aug 5, 2020

    Regarding the clearly established prong, we have repeatedly recognized—and Defendants do not contest—that “freedom from excessively forceful or unduly tight handcuffing is a clearly established right for purposes of qualified … Clearly Established Right As discussed above, a right is clearly established for purposes of overcoming the qualified immunity defense when existing precedent has “placed the statutory or constitutional question beyond

    Cited 0 timesPublished
  • Dahl v. Weber

    580 F.3d 730 · Court of Appeals for the Eighth Circuit · Sep 4, 2009

    Ruling on defendants’ motion for summary judgment, the district court denied absolute immunity, granted Bloomberg and Dooley qualified immunity, and denied Weber qualified immunity for the period beginning with the admission … Discussion Qualified immunity protects public officials from damage liability if “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”

    Cited 27 timesPublished
  • Henry Caraballo-Sandoval and Cree Carmen Caraballo v. R.E. Honsted

    35 F.3d 521 · Court of Appeals for the Eleventh Circuit · Oct 14, 1994

    Qualified immunity and stay of discovery Caraballo-Sandoval and Cooper contend that clearly established law extended the First Amendment right to freedom of association to visitation privileges. … Qualified immunity protects government official performing discretionary functions from civil liability if their conduct violates no clearly established statutory or constitutional rights. Courson v.

    Cited 33 timesPublished
  • Lisa Bergman v. Jeremy Howard

    54 F.4th 950 · Court of Appeals for the Sixth Circuit · Dec 12, 2022

    To qualify as “clearly established,” a principle must originate from an actual Supreme Court holding, not from its passing dicta. See White v. Woodall, 572 U.S. 415, 419 (2014). … Did the Michigan court’s refusal to provide this different type of state-funded expert qualify as an “unreasonable application” of Ake’s clearly established holding? We think not.

    Cited 11 timesPublished
  • Tripathy v. Lockwood

    District Court, W.D. New York · Aug 29, 2024

    Wright, 597 F.3d 532, 536 (2d Cir. 2010) (finding that the district court did not err in granting qualified immunity on the plaintiff’s RLUIPA claim where the right claimed by the plaintiff was not clearly established at … The case law provides that Defendants are entitled to qualified immunity on that claim as a matter of law.

    Cited 0 timesUnknown
  • Johnson v. Holms

    District Court, D. Nevada · Mar 29, 2024

    to be clearly established. … immunity. 8 The Court now turns to whether this right was clearly established.

    Cited 0 timesUnknown
  • Patricia Thorsted Stephanie Thorsted v. Tim Kelly

    858 F.2d 571 · Court of Appeals for the Ninth Circuit · Oct 3, 1988

    Government officials performing discretionary functions are entitled to qualified immunity unless their conduct violates “clearly established statutory or constitutional rights of which a reasonable person would have known … First, they contend that qualified immunity was unavailable to Kelly because it was clearly established that the fourth amendment prohibited arrests without probable cause and the use of unreasonable force by police.

    Cited 93 timesPublished
  • Tuttle v. City Of Oklahoma City

    728 F.2d 456 · Court of Appeals for the Tenth Circuit · Feb 28, 1984

    Fitzgerald, 457 U.S. 800, 818 , 102 S.Ct. 2727, 2738-9 , 73 L.Ed.2d 396 (1982) (government officials "are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or … immunity"); Pierson v.

    Cited 0 timesPublished
  • Maldonado v. Rodriguez

    932 F.3d 388 · Court of Appeals for the Fifth Circuit · Aug 6, 2019

    As to the clearly-established prong of the qualified immunity analysis, the district court held that "the law was clearly established that the First Amendment protected their political support for [Rodriguez's opponent] unless … The district court explained Gunaca simply as a holding in favor of qualified immunity, in which the court did not reach the question of clearly established law.

    Cited 10 timesPublished
  • Arriaga v. Dart

    District Court, N.D. Illinois · Jan 29, 2021

    Qualified immunity “protects government officials from civil liability when performing discretionary functions so long as their conduct does not violate clearly established statutory or constitutional rights of … To overcome a qualified immunity defense, plaintiff’s “allegations [must] make out a deprivation of a constitutional right,” and “the right at issue [must be] clearly established at the time of the defendant's

    Cited 0 timesUnknown
  • Vigil v. Tweed

    District Court, D. New Mexico · Jul 14, 2021

    analysis (whether the law is clearly established). … Defendants violated clearly established law, the Court grants the County Defendants’ motion to dismiss Plaintiff’s federal constitutional claims on the basis of qualified immunity. II.

    Cited 0 timesUnknown
  • Powell v. Shelton

    District Court, E.D. Missouri · Oct 19, 2020

    Defendants Brown and Shelton are entitled to qualified immunity if their conduct did not “violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … Hayek, 488 F.3d at 1054-55 (upholding qualified immunity for fatal shooting).

    Cited 0 timesUnknown
  • Aska

    District Court, N.D. Illinois · Jan 23, 2026

    Although it’s true that qualified immunity provides “ample protection to all but the plainly incompetent or those who knowingly violate the law,” it is clearly established that use of excessive force during an arrest is … City of Albuquerque, 813 F.3d 912, 929 n.9 (10th Cir. 2015) (“A circuit split will not satisfy the clearly established prong of qualified immunity.”) with Williams v.

    Cited 0 timesUnknown

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