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  • Anne Marie Gennusa v. Brian Canova

    748 F.3d 1103 · Court of Appeals for the Eleventh Circuit · Apr 8, 2014

    Canova were not protected by qualified immunity. Det. Marmo and Sgt. … The district court also denied qualified immunity to Det. Marmo and Sgt. Canova.

    Cited 76 timesPublished
  • Oldson v. Burnett

    District Court, E.D. Kentucky · Feb 14, 2024

    Lucas Cnty., 799 F.3d 530, 539–42 (6th Cir. 2015) (determining that a supervisor did not enjoy qualified immunity after finding that the right violated by the excessively forceful subordinates was clearly established). … violated clearly established law.’”

    Cited 0 timesUnknown
  • Magnolia Island Plantation v. Whittington

    29 F.4th 246 · Court of Appeals for the Fifth Circuit · Mar 21, 2022

    That party—in this case, Lollar— must then show that (1) the “official’s conduct violated a constitutional right” of the opponent of immunity, and (2) “the right was clearly established at the time of the violation … Here, we need not examine the “clearly established” prong, because Lollar has failed to meet her burden of showing a constitutional violation. 5 Case: 20-30805 Document

    Cited 32 timesPublished
  • Kounelis v. Sherrer

    529 F. Supp. 2d 503 · District Court, D. New Jersey · Jan 3, 2008

    Thus, having found that the alleged facts established the violation of a constitutional right and that the constitutional right was clearly established, the Court denied qualified immunity to Sergeants James and Perez. … established at the time of the alleged violation, the Court has limited its qualified immunity analysis to Kounelis's excessive force claim. 12 .

    Cited 129 timesPublished
  • Christopher Bates v. Thomas Hadden

    576 F. App'x 636 · Court of Appeals for the Eighth Circuit · Aug 19, 2014

    Because Bates did not establish that Officer Hadden violated his constitutional or statutory rights, Officer Hadden was entitled to qualified immunity. … City of Rochester, 643 F.3d 1031, 1042 (8th Cir. 2011) (en banc) (citation omitted).3 "Officials being sued under § 1983 are entitled to qualified immunity for actions that did not violate a clearly established constitutional

    Cited 8 timesUnpublished
  • Boysen v. Peacehealth

    District Court, D. Oregon · Aug 19, 2024

    Defendants in a Section 1983 action are entitled to qualified immunity from damages for civil liability if their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … For purposes of qualified immunity, “[a] right is clearly established when it is sufficiently clear that every reasonable official would have understood that what he is doing violates that right.” Rivas-Villegas v.

    Cited 0 timesUnknown
  • Brown v. Tromba

    Court of Appeals for the Ninth Circuit · May 29, 2026

    City of Tulare, 107 F.4th 894, 898 (9th Cir. 2024) (“Qualified immunity protects government officials from liability under § 1983 unless (1) they violated a federal statutory or constitutional right, and (2) the unlawfulness … of their conduct was clearly established at the time.”

    Cited 0 timesUnpublished
  • Katrina Reeves v. Howard Meddings

    Court of Appeals for the Fourth Circuit · May 14, 2025

    Reeves’s clearly established rights. … Reeves’ clearly established rights.

    Cited 0 timesUnpublished
  • Carthew v. County of Suffolk

    709 F. Supp. 2d 188 · District Court, E.D. New York · May 6, 2010

    Thus, qualified immunity is warranted. … The doctrine of qualified immunity shields government officials from civil liability if their “conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.

    Cited 54 timesPublished
  • BERK v. HOLLINGSWORTH

    District Court, D. New Jersey · Nov 23, 2020

    Because Plaintiff has not stated a claim of a violation of his federal rights, Defendants are also entitled to qualified immunity. See Reichle v. … was clearly established at the time of the challenged conduct.”).

    Cited 0 timesUnknown
  • Sonny Boy, LLC v. Asnani

    879 So. 2d 25 · District Court of Appeal of Florida · May 28, 2004

    In my view, two different standards were intended and clearly imposed by these provisions. … Clearly section 718.303(1) was not involved, nor was it mentioned.

    Cited 16 timesPublished
  • Sean DeCrane v. Edward Eckart

    12 F.4th 586 · Court of Appeals for the Sixth Circuit · Sep 1, 2021

    The district court denied Eckart qualified immunity on this argument, holding that our precedent clearly established that DeCrane would have tipped off the media as a private citizen rather than a public employee. … He next needed to overcome Eckart’s qualified-immunity defense by showing that Eckart’s conduct violated clearly established law. See Wesby, 138 S. Ct. at 589.

    Cited 50 timesPublished
  • Cheryl D. Lyons v. City of Xenia, Christine Keith, Officer Matthew Foubert, Officer

    417 F.3d 565 · Court of Appeals for the Sixth Circuit · Aug 4, 2005

    After considering the Supreme Court’s treatment of similar qualified-immunity issues in Brosseau , we now extend qualified immunity to Officer Foubert for Lyons’ excessive-force tackling claim. … The district court likewise rejected the officers’ qualified immunity defenses.

    Cited 240 timesPublished
  • Sanford v. Kirst

    District Court, M.D. Louisiana · Jun 16, 2023

    of a clearly established statutory or constitutional right. … in light of clearly established law.

    Cited 0 timesUnknown
  • Munt v. Roy

    District Court, D. Minnesota · Sep 13, 2019

    of qualified immunity. … Qualified immunity depends upon whether the plaintiff has stated a plausible claim for violation of a constitutional right and whether that right was clearly established at the time of the alleged misconduct, such that

    Cited 0 timesUnknown
  • Morais v. Yee

    162 Vt. 366 · Supreme Court of Vermont · Jul 15, 1994

    We agree that defendants should not have been granted summary judgment on the state law claims, but conclude that qualified immunity does not apply in this case. … However, qualified immunity does not extend to situations in which the legislature establishes a clear duty and liability for a breach of that duty.

    Cited 25 timesPublished
  • Alfred

    District Court, W.D. Louisiana · Oct 16, 2025

    Lee, 946 F.2d 1152, 1159 (5th Cir. 1991) (federal common law recognizes a qualified privilege protecting investigative files in an ongoing criminal investigation). … Federal courts “overwhelmingly treat this privilege as a qualified one, which is subject to a balancing process that may lead to court-ordered disclosure of privileged materials, and which may be subject to waiver by the

    Cited 0 timesUnknown
  • Rancho del Oso Pardo, Inc. v. New Mexico Department of Game and Fish

    District Court, D. New Mexico · Sep 15, 2022

    Qualified Immunity Qualified immunity protects public officials from liability “insofar as their conduct does not violate clearly established statutory or constitutional … a right was clearly established.

    Cited 0 timesUnknown
  • Debra Sue Rodriguez and MacEdonio Coc Rodriguez v. Donna Marie Currey

    District Court of Appeal of Florida · Apr 3, 2025

    This occurs when an order violates “a clearly established” legal principle. See id. at 355. “A classic example . . . is a trial court’s failure to follow binding precedent.” State Farm Fla. Ins. Co. v. … 355 (“There is an important difference between a departure from the essential requirements of law where there has been a violation of a clearly established principle of law and a case that involves an issue of law where

    Cited 0 timesPublished

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