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  • LEE v. CLARK

    District Court, D. New Jersey · Oct 1, 2025

    That is not how qualified immunity works. Qualified immunity is determined on a claim-by-claim basis, See Behrens v. … Pa, 2018) (“It would be strange to say that right X is clearly established just because right Y is clearly established and happens to prohibitthe same conduct.”), On this basis alone, reconsideration is improper

    Cited 0 timesUnknown
  • Ramirez v. Killian

    District Court, N.D. Texas · Aug 12, 2022

    violated clearly established law.” … Plaintiffs Failed to Prove a Violation of Their Clearly Established Rights Qualified immunity applies if a reasonable officer could have believed the disputed act was lawful in light of clearly established law and

    Cited 0 timesUnknown
  • Gerald L. Naekel v. Department of Transportation, Federal Aviation Administration

    850 F.2d 682 · Court of Appeals for the Federal Circuit · Jun 28, 1988

    Naekel neither demonstrated that any statute, regulation or collective bargaining agreement mandated his promotion to these levels during the interim period, nor presented facts that would establish a clear entitlement to … Conversely, promotion and back pay are inappropriate if the employee would have been only one of several qualified candidates for the promotion, but the factual record did not clearly establish that the employee would have

    Cited 17 timesPublished
  • John Everett Miller v. Herman Solem, Warden, South Dakota State Penitentiary, and Gay Krull

    728 F.2d 1020 · Court of Appeals for the Eighth Circuit · Mar 22, 1984

    generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … A prisoner has a “clearly established” Eighth Amendment right to be reasonably protected from known dangers of attacks by fellow inmates. Cline v. Herman, 601 F.2d 374, 375 (8th Cir.1979); Gullatte v.

    Cited 96 timesPublished
  • Tammy D. Scarbrough v. Bryant Myles, Jr.

    Court of Appeals for the Eleventh Circuit · Mar 29, 2001

    Because Hall violated no clearly established 8 Our inquiry in qualified-immunity analysis is whether the government actor's conduct violated clearly established law and not whether an arrestee's conduct … In addressing discretionary-function immunity and qualified immunity, our court has stated that "[u]nder both Alabama law and federal law, the core issue is whether a defendant violated clearly established law."

    Cited 0 timesPublished
  • Cynthia Kernats v. Thomas O'Sullivan

    35 F.3d 1171 · Court of Appeals for the Seventh Circuit · Sep 16, 1994

    We may not' deny O’Sullivan the shield of qualified immunity unless Kernats can establish that as of December 1,1991, O’Sullivan’s alleged conduct violated clearly established rights under the Fourth Amendment. … Because the case law had not clearly established the unlawfulness of O’Sullivan’s alleged actions as of the time he acted, O’Sullivan was entitled to qualified immunity.

    Cited 179 timesPublished
  • Haynes v. Marshall

    887 F.2d 700 · Court of Appeals for the Sixth Circuit · Oct 12, 1989

    "[T]he right the official is alleged to have violated must have been 'clearly established' " in a particularized sense, Anderson v. … They suggest, however, that there was no clearly established standard by which to measure whether they used excessive force, until 1986 when the Supreme Court announced its opinion in Whitley v.

    Cited 37 timesPublished
  • Jesse Richardson v. Sergeant Curtis Bonds

    860 F.2d 1427 · Court of Appeals for the Seventh Circuit · Nov 29, 1988

    On February 29,1988, Judge Holder-man granted defendant’s motion for summary judgment, based on the defense of qualified immunity. … established law.

    Cited 98 timesPublished
  • Maurice Olivier v. Leroy Baca

    913 F.3d 852 · Court of Appeals for the Ninth Circuit · Jan 11, 2019

    The burden is on the party contesting qualified immunity to show that a law was clearly established at the time of an alleged violation. Davis v. Scherer, 468 U.S. 183, 197–98 (1984). … Finally, we reject Olivier’s argument that collateral estoppel should have prevented Baca from claiming qualified immunity.

    Cited 37 timesPublished
  • James Carey v. Nevada Gaming Control Board Gregory Spendlove State of Nevada

    279 F.3d 873 · Court of Appeals for the Ninth Circuit · Feb 4, 2002

    If we had only the Supreme Court's precedents to guide us, we might also conclude that the right was not clearly established. … We think this is sufficient to clearly establish the right in our circuit.

    Cited 44 timesPublished
  • Johnson v. City of San Antonio

    Court of Appeals for the Fifth Circuit · Apr 20, 2023

    Jurisdiction & standard of review: “Qualified immunity shields public officials sued in their individual capacities from liability for civil damages insofar as their conduct does not violate clearly established … This is the second step of the qualified-immunity inquiry. See Melton, 875 F.3d at 261 (observing that the plaintiff must show that “the right was ‘clearly established’ at the time of the challenged conduct”).

    Cited 0 timesUnpublished
  • Zarkower v. City of New York

    District Court, E.D. New York · May 21, 2020

    The defendants argue that they are entitled to qualified immunity because the alleged conduct does not violate a clearly established right. I disagree. … Qualified Immunity “A police officer is entitled to qualified immunity from liability for his discretionary actions if either (1) his conduct does not violate clearly established

    Cited 0 timesUnknown
  • Cerrone v. Brown

    246 F.3d 194 · Court of Appeals for the Second Circuit · Apr 10, 2001

    Fields, 230 F.3d 502, 511 (2d Cir. 2000). 15 The district court held that the defendants were not entitled to qualified immunity on summary judgment because (1) the law was "clearly established" at the time of the seizure … I. 17 A police officer is entitled to qualified immunity from liability for his discretionary actions if either (1) his "conduct does not violate clearly established statutory or constitutional rights of which a reasonable

    Cited 113 timesPublished
  • Ronald Kincade v. City Of Blue Springs, Missouri

    64 F.3d 389 · Court of Appeals for the Eighth Circuit · Oct 12, 1995

    "Public officials are entitled to qualified immunity when their 'conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.' " Buzek v. … public employees can never be "clearly established."

    Cited 64 timesPublished
  • Wynn-Thomas v. Dempsey

    District Court, D. Nebraska · Jul 20, 2022

    QUALIFIED IMMUNITY Qualified immunity shields officials from civil liability in a 42 U.S.C. §1983 action when their conduct “does not violate clearly established statutory or … “Qualified immunity is an affirmative defense for which the defendant carries the burden of proof. The plaintiff, however, must demonstrate that the law is clearly established.” Sparr v.

    Cited 0 timesUnknown
  • Zhi Chen v. District of Columbia

    808 F. Supp. 2d 252 · District Court, District of Columbia · Sep 9, 2011

    insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … Layne, 526 U.S. 603, 614 , 119 S.Ct. 1692 , 143 L.Ed.2d 818 (1999) (holding that qualified immunity turns upon the “objective legal reasonableness of the officers’ action, assessed in light of the legal rules that were clearly

    Cited 16 timesPublished
  • Kendoll

    District Court, D. Oregon · Mar 26, 2026

    whether Gardner is entitled to qualified immunity. … Qualified Immunity Having found that plaintiff’s constitutional rights were not violated, Gardner is also entitled to qualified immunity. See Cuevas v.

    Cited 0 timesUnknown
  • (PC) Edwards v. Swarthout

    District Court, E.D. California · Apr 25, 2024

    Defendant argues, third, he is entitled to qualified 15 immunity because it was not clearly established in 2010 that a modified program based partly … City of Roseville, 9 882 F.3d 843, 856-57 (9th Cir. 2018) (holding that Ninth Circuit precedent is sufficient to meet 10 the “clearly established” prong of qualified immunity).

    Cited 0 timesUnknown
  • Bustos v. Martini Club, Inc.

    599 F.3d 458 · Court of Appeals for the Fifth Circuit · Mar 5, 2010

    wrong.” 14 We must determine if the Texas Supreme Court decision renders Meadours clearly wrong. … Lyford, 243 F.3d 185, 191 n.18 (5th Cir. 2001) (explaining that a municipality may be liable if a plaintiff states a claim against an official but the official is protected by qualified immunity). 51 Curley

    Cited 553 timesPublished
  • KELLEY v. REYES

    District Court, D. New Jersey · Oct 1, 2025

    That is not how qualified immunity works. Qualified immunity is determined on a claim-by-claim basis, See Behrens v. … Pa, 2018) (“It would be strange to say that right X is clearly established just because right Y is clearly established and happens to prohibitthe same conduct.”), On this basis alone, reconsideration is improper

    Cited 0 timesUnknown

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