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  • 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
  • Lakey v. Taylor

    District Court, E.D. Oklahoma · May 16, 2024

    Finally, because the right at issue is clearly established, officer Miller is not entitled to qualified immunity. … It was clearly established that once Mr.

    Cited 0 timesUnknown
  • 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
  • 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
  • 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
  • Camreta v. Greene

    563 U.S. 692 · Supreme Court of the United States · May 26, 2011

    But the Court of Appeals further held that qualified immunity shielded the officials from monetary liability because the constitutional right at issue was not clearly established under existing law. … Many Courts of Appeals therefore decline to consider district court precedent when determining if constitutional rights are clearly established for purposes of qualified immunity. See, e.g., Kalka v.

    Cited 843 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
  • Brian Ballentine v. Christopher Tucker

    28 F.4th 54 · Court of Appeals for the Ninth Circuit · Mar 8, 2022

    The district court concluded that Detective Tucker is entitled to qualified immunity because Plaintiffs’ constitutional rights were not clearly established at the time of their arrests. … A government officer is nevertheless entitled to qualified immunity if the plaintiff’s rights were not clearly established at the time of the alleged misconduct. See Pearson, 555 U.S. at 231–32.

    Cited 80 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
  • 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
  • Tyehimba v. Cook County D.O.C.

    District Court, N.D. Illinois · Mar 15, 2024

    To defeat a qualified immunity defense, a plaintiff must plead facts that show “(1) that the official violated a statutory or constitutional right, and (2) that the right was clearly established at the time of the challenged … of clearly established law.”)

    Cited 0 timesUnknown
  • 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
  • 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
  • Angie Hall v. Katrice Sweet

    666 F. App'x 469 · Court of Appeals for the Sixth Circuit · Dec 16, 2016

    Qualified immunity requires plaintiffs “to plead facts making out a violation of a constitutional right clearly established in a particularized sense. … A single district court opinion is not enough to pronounce a right is clearly established for purposes of qualified immunity.

    Cited 20 timesUnpublished
  • Sherry Lintz Keith Lintz, Sr. Richele Nicole Jacobs Brian Allen Jacobs and Keith Lintz, Jr., by Next Friend Sherry Lintz v. Linda K. Skipski

    25 F.3d 304 · Court of Appeals for the Sixth Circuit · May 25, 1994

    The district court found defendant entitled to qualified immunity because the children’s federal constitutional due process right to be free from unnecessary harm in foster homes was not clearly established until late in … but under the facts of the case held that two years was more than enough time to satisfy the “clearly established” threshold.

    Cited 45 timesPublished
  • Shell USA, Inc. v. United States

    United States Court of Federal Claims · Apr 26, 2023

    Cl. 645, 659-60 (2015) (holding immunity was waived by a provision establishing “[a] late charge of five percent (5%) of any payment not paid when due . . . plus a service charge of [1.5%] per month . . . shall be made on … First, the avgas contracts contain an express waiver of immunity for CERCLA charges, and CERCLA establishes that interest is recoverable as a charge.

    Cited 0 timesPublished
  • David King v. Timothy Riley

    76 F.4th 259 · Court of Appeals for the Fourth Circuit · Aug 4, 2023

    The prison guards on duty failed to violate a clearly established right so are entitled to qualified immunity. … And qualified immunity cares about violations of clearly established constitutional law, not clearly established prison policy.

    Cited 97 timesPublished

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