Case law
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Hartje v. Federal Trade Commission
106 F.3d 1406 · Court of Appeals for the Eighth Circuit · Feb 13, 1997
Economou, 438 U.S. 478, 507 , 98 S.Ct. 2894, 2911 , 57 L.Ed.2d 895 (1978) (officials are entitled to qualified immunity unless actions knowingly violate a clearly established constitutional right). … Therefore, we agree with the district court that plaintiffs simply offered no evidence which would deny Rushkoff qualified immunity.
Cited 3 timesPublished507 F.3d 1260 · Court of Appeals for the Tenth Circuit · Nov 20, 2007
clearly established law. … violated a clearly established right.”). .
Cited 42 timesPublishedLandstrom v. Illinois Department of Children & Family Services
892 F.2d 670 · Court of Appeals for the Seventh Circuit · Jan 9, 1990
Contrary to plaintiffs’ contentions, Darryl H. does not supply the particularized, clearly established right required for individual defendants to lose their qualified immunity. … immunity because the conduct alleged does not violate any clearly established first amendment rights.
Cited 19 timesPublishedRich v. City of Mayfield Heights
955 F.2d 1092 · Court of Appeals for the Sixth Circuit · Feb 4, 1992
Cureton, 882 F.2d 211, 215-16 (6th Cir.1989). 19 To determine if the defendant police officers' actions violated any clearly established constitutional rights such that they would not be entitled to rely on qualified immunity … We held that: 24 [T]he rights the district court cites as having been clearly established were not particularized rights as required by Anderson and, thus, were not sufficient to deny the defendants qualified immunity.
Cited 57 timesPublished507 S.W.3d 1 · Kentucky Supreme Court · Sep 22, 2016
The officers were not entitled to dismissal of the malicious prosecution action on grounds of absolute immunity or qualified official immunity. … But, it is also a fact that defeats the defendant’s assertion of qualified official immunity.
Cited 116 timesPublished47 F.4th 402 · Court of Appeals for the Fifth Circuit · Aug 29, 2022
Qualified immunity protects public officials from liability if “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Pearson v. … To overcome qualified immunity, the plaintiff must allege facts showing (1) the officer violated a constitutional right, and (2) “the right was ‘clearly established’ at the time of the challenged conduct.”
Cited 26 timesPublished678 F.3d 333 · Court of Appeals for the Fourth Circuit · Apr 30, 2012
The defense of qualified immunity involves a two-step pro- cedure "that asks first whether a constitutional violation occurred and second whether the right violated was clearly established." Henry v. … Id. at 558.1 Noting the "essentially legal nature of the question of whether the right at issue was clearly established," we held that "the legal question of a defendant’s entitlement to qualified immunity under a particular
Cited 52 timesPublished925 F. Supp. 1079 · District Court, D. Delaware · May 3, 1996
are not shielded from liability under the doctrine of qualified immunity because the right to be free from excessive force had been clearly established; (4) defendants’ conduct gives rise to cognizable claims under state … There, plaintiff argued that qualified immunity could not apply to his case, because where the law is clearly established and proof of the elements of the plaintiff's prima facie case would defeat immunity, no qualified immunity
Cited 14 timesPublishedO'NEIL v. City of Iowa City, Iowa
496 F.3d 915 · Court of Appeals for the Eighth Circuit · Aug 10, 2007
The Supreme Court has clearly defined the qualified immunity analysis. … in their circumstances would not have known their actions violate clearly established law.”
Cited 62 timesPublished294 F. App'x 254 · Court of Appeals for the Ninth Circuit · Sep 19, 2008
D’Angelo’s reliance on the advice of non-defendants not to bother to take any actions indicative of an intent to establish residency because any reclassification petition would be futile does not establish unconstitutional … Because Appellants have not shown that the MUS has applied an irrebuttable presumption of non-residency, we do not reach the issue of qualified immunity. AFFIRMED.
Cited 2 timesPublishedStephen Sjurset v. Charles Button
810 F.3d 609 · Court of Appeals for the Ninth Circuit · Dec 4, 2015
The law of qualified immunity 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 … This is because in Boyd we ultimately concluded that—despite the existence of a constitutional violation—the officers were entitled to qualified immunity because no clearly established law specifically precluded the use of
Cited 42 timesPublishedCourt of Appeals for the Fifth Circuit · Feb 15, 2024
They saw a maroon vehicle parked in front of the _____________________ 2 A nonprecedential opinion “cannot be the source of clearly established law for qualified immunity analysis.” … In light of Hartsfield’s guidance interpreting the clearly established law in Garrison, the Jimersons rebutted Lewis’ assertion of qualified immunity. Our unpublished decision in Rogers v. Hooper, 271 F.
Cited 0 timesPublishedBettie Smith v. City of Minneapolis
754 F.3d 541 · Court of Appeals for the Eighth Circuit · Jun 6, 2014
We elect to address the “clearly established” qualified-immunity prong at the outset here, because it is dispositive of the case. Harlow, 457 U.S. at 818. … As with the first encounter with Officer Devick alone, we choose to begin with the clearly established prong of the qualified-immunity analysis.
Cited 82 timesPublishedCommunity House, Inc. v. City of Boise, Idaho
623 F.3d 945 · Court of Appeals for the Ninth Circuit · Oct 6, 2010
reasonable and does not violate clearly-established federal rights. … ”; and (2) whether that right was clearly established.
Cited 124 timesPublished36 Misc. 3d 852 · New York Supreme Court · Jun 29, 2012
between various acts afforded absolute and qualified immunity. … In this case, the Appellate Division held that defendant “did not establish its entitlement to qualified immunity as a matter of law for its highway planning decisions with regard to the original design and placement of the
Cited 1 timesPublishedKevin Frazier v. Edward N. Bailey
957 F.2d 920 · Court of Appeals for the First Circuit · Feb 24, 1992
their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … unclear it may be that the particular action is a violation) violates a clearly established right.
Cited 168 timesPublished114 N.M. 686 · New Mexico Supreme Court · Oct 6, 1992
We hold that the NMROIA abolished any common-law absolute immunity available to review organization participants prior to its enactment, establishing instead a qualified immunity. … The immunity, however, is not absolute, but qualified.
Cited 20 timesPublishedLorenzo Oliver v. Debra Roquet
858 F.3d 180 · Court of Appeals for the Third Circuit · May 24, 2017
Government officials are entitled to qualified immunity “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Sharp v. … That is, unless the plaintiff’s allegations state a claim of violation of clearly established law, “a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery,” Mitchell v.
Cited 91 timesPublishedGloria Taylor v. City of Milford
10 F.4th 800 · Court of Appeals for the Seventh Circuit · Aug 19, 2021
Qualified immunity “protects government officials from liability for civil damages when their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … When assessing a defendant’s assertion of qualified immunity, we ask: “whether the plain‐ tiff’s allegations make out a deprivation of a constitutional right, and whether the right was clearly established at the time of defendant
Cited 75 timesPublishedCourt of Appeals for the Sixth Circuit · Jan 10, 2008
We also have no need to determine whether Bishop and Hagar are entitled to qualified immunity. See McKinley v. … of a clearly established right”) (emphasis in original).
Cited 0 timesPublished
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