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District Court, D. New Mexico · Dec 10, 2019
However, Mora violated no clearly established law and therefore is entitled to qualified immunity. The Court also holds that Plaintiff’s Fed. R. Civ. … “Qualified immunity attaches when an official’s conduct ‘does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’” White v. Pauly, 137 S.
Cited 0 timesUnknown503 S.W.3d 412 · Court of Criminal Appeals of Texas · Jan 15, 2016
(explaining that “ ‘an issue of first impression can sometimes qualify for mandamus relief when the factual scenario has never been, precisely addressed but the principle of law has been clearly established’ ”) (quoting In … Weeks, 391 S.W.3d 117, 122 (Tex.Crim.App.2013)), ■ To establish the second of the two requirements for obtaining a writ of prohibition, a relator must demonstrate the absence of an adequate remedy at law.
Cited 0 timesPublishedDistrict Court, D. Minnesota · Oct 31, 2019
Therefore, at minimum, Frascone has qualified immunity. See Brown v. … City of Golden Valley, 574 F.3d 491, 496 (8th Cir. 2009) (explaining that to defeat qualified immunity, a plaintiff most show both the existence of a right and that the right was clearly established at the time of the
Cited 0 timesUnknownDistrict Court, N.D. Indiana · Sep 22, 2025
Qualified immunity Lastly, Sgt. … Haskell and Officer Sanders argue they are entitled to qualified immunity because their actions did not violate any clearly established law. ECF 103 at 7-9.
Cited 0 timesUnknown291 Ark. 477 · Supreme Court of Arkansas · Mar 16, 1987
This immunity is guaranteed so long as the actions do not violate “clearly established statutory or constitutional rights of which a reasonable person would have known.” … If the complaint fails to state a claim of violation of clearly established law the defense of qualified immunity is appropriate and the suit should not be allowed to proceed.
Cited 55 timesPublished915 F. Supp. 2d 314 · District Court, E.D. New York · Jan 15, 2013
Qualified Immunity The allegations against the MDC defendants state a violation of clearly established Fourth Amendment law. … Qualified Immunity Defendants also suggest that they are entitled to qualified immunity because in 2001 it was not clearly established that Section 1985 applied to federal officials.
Cited 13 timesPublishedBurke v. Vision Government Solutions, Inc.
District Court, D. Connecticut · Jan 15, 2020
“The doctrine of 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 a reasonable … the clearly established law.”
Cited 0 timesUnknownDistrict Court, W.D. Texas · Sep 30, 2022
The qualified-immunity framework The doctrine of qualified immunity protects public officials from suit and liability for damages under § 1983 unless their conduct violates a clearly established … Thus, in determining qualified immunity, courts engage in a two-step analysis: (1) was a statutory or constitutional right violated on the facts alleged; and (2) did the officer’s actions violate clearly established
Cited 0 timesUnknown34 F.3d 298 · Court of Appeals for the Fifth Circuit · Sep 20, 1994
The first inquiry in the examination of a defendant's claim of qualified immunity is whether the plaintiff alleged the violation of a clearly established constitutional right. Siegert v. … Qualified Immunity Barton is entitled to qualified immunity unless he violated a constitutional right that was clearly established at the time of his conduct. Pfannstiel, 918 F.2d at 1183.
Cited 114 timesPublishedDistrict Court, D. Delaware · Nov 24, 2025
Plaintiffs do not claim any Eighth Amendment issue in their complaint, however, and even if they had, Defendants would be entitled to qualified immunity for the alleged verbal threats, given the existence of a number of … Wesby, 583 U.S. 48, 62-63 (2018) (noting that “officers are entitled to qualified immunity under § 1983” unless they violate a constitutional right established by a “settled law” that has been “dictated by controlling authority
Cited 0 timesUnknownWhitaker v. Wisconsin Department of Health Services
849 F.3d 681 · Court of Appeals for the Seventh Circuit · Feb 27, 2017
We agree with the district court that Whita- ker failed to establish that she was an “otherwise qualified” employee, as required by the Rehabilitation Act, and we af- firm the grant of summary judgment. I. … Since Whitaker failed to establish that she was an “other- wise qualified” employee, we need not address whether she properly requested an accommodation, or whether her ac- commodation request was reasonable.
Cited 52 timesPublishedDistrict Court, E.D. Arkansas · Aug 19, 2025
Qualified immunity protects government officials from liability for damages “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person [in their positions … State Univ., 495 F.3d 591, 594 (8th Cir. 2007) (“Although the defendant bears the burden of proof for this affirmative defense [of qualified immunity], the plaintiff must demonstrate that the law was clearly established
Cited 0 timesUnknownMark Crawford v. Donavin Geiger
656 F. App'x 190 · Court of Appeals for the Sixth Circuit · Aug 11, 2016
Legal Standards: Qualified Immunity and the Fourth Amendment “The doctrine of qualified immunity protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly … immunity analysis, “[t]he dispositive question is whether the violative nature of particular conduct is clearly established.”
Cited 22 timesUnpublishedOladeinde v. Birmingham, City of
230 F.3d 1275 · Court of Appeals for the Eleventh Circuit · Oct 16, 2000
Applicability of Qualified Immunity for First Amendment Claims Chief Deutsch and Captain Walker contend that they are entitled to qualified immunity because they did not violate clearly established law. … "Government officials performing discretionary functions are entitled to qualified immunity 'insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person
Cited 88 timesPublished604 F.3d 1221 · Court of Appeals for the Tenth Circuit · May 17, 2010
Lewis’s clearly established rights. … Lewis hasn’t demonstrated a constitutional violation, let alone a clearly established one.
Cited 160 timesPublished72 F. App'x 265 · Court of Appeals for the Sixth Circuit · Jul 8, 2003
The putative next friend must clearly establish “the propriety of his status” in order to “justify the jurisdiction of the court.” Whitmore, 495 U.S. at 164 . … Cockrell and Young did not satisfy the requirements to qualify for next Mend status.
Cited 18 timesPublishedCourt of Appeals for the Ninth Circuit · Apr 14, 2023
immunity is raised, plaintiff bears the burden of demonstrating that alleged right was clearly established). … Because Richards has not established that the alleged right in this case was clearly established at the time of her encounter with Wills, Wills is entitled to summary judgment on the basis of qualified immunity.2 2
Cited 0 timesUnpublishedDistrict Court, D. New Mexico · Sep 13, 2022
Qualified Immunity Qualified immunity protects public officials from liability “insofar as their conduct does not violate clearly established statutory or constitutional … clearly established law.”
Cited 0 timesUnknownDistrict Court, W.D. Missouri · Sep 7, 2021
Qualified Immunity Government officials are entitled to qualified immunity in a § 1983 claim unless the official’s conduct violated a clearly established constitutional or statutory right … Deputy Childers is entitled to qualified immunity on this initial entry and seizure claim because his conduct was objectively reasonable and did not violate clearly established law.
Cited 0 timesUnknown327 F. Supp. 3d 1079 · District Court, M.D. Tennessee · Aug 29, 2018
Greene , 250 F.3d 471 , 480 (6th Cir. 2001) ("Circuit precedent clearly establishes that *1087 the affiant need only specify that the confidential informant has given accurate information in the past to qualify as reliable … While the address above the judge's signature was wrong, that was clearly the result of Agent Brandon Gooch cutting and pasting from an earlier warrant.
Cited 0 timesPublished
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