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  • Bissell v. Mata

    District Court, W.D. Texas · Jun 16, 2025

    The Fifth Circuit held that the child protective workers were entitled to qualified immunity because the right to family integrity was not clearly established under those facts. … entitled to qualified immunity.

    Cited 0 timesUnknown
  • Deputy J.K. Maston v. Thomas Jefferson Wagner

    236 W. Va. 488 · West Virginia Supreme Court · Nov 10, 2015

    the involved conduct did not violate clearly established laws of which a reasonable official would have known.”).9 A public officer is entitled to qualified immunity for discretionary acts, even if committed negligently … A litigant may pierce the shield of qualified immunity by showing that a government official has violated a clearly established statutory or constitutional right.

    Cited 50 timesPublished
  • Reynolds v. California Department of Corrections and Rehabilitation

    District Court, N.D. California · Nov 12, 2019

    clearly established statutory or constitutional rights 1 The doctrine of qualified immunity attempts to balance two important and sometimes competing 2 interests: “the need to hold public officials accountable when … 14 spores—was not clearly established at the time”); Horton v.

    Cited 0 timesUnknown
  • McCary

    District 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 timesUnknown
  • Vaseleros-Stevenson v. Calvert County, Maryland

    District Court, D. Maryland · Feb 17, 2021

    Plaintiff frequently viisconstrues the “clearly established” prong of the analysis. … He is clearly entitled to qualified immunity. Plaintiffs § 1983 claim asserted against him is therefore DISMISSED WITH PREJUDICE. B.

    Cited 0 timesUnknown
  • Ortiz v. Mora

    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 timesUnknown
  • In re Masterson

    503 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 timesPublished
  • Wilderness v. Neal

    District 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 timesUnknown
  • Burke 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 timesUnknown
  • Turkmen v. Ashcroft

    915 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 timesPublished
  • Whitaker 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 timesPublished
  • Gould v. Davis

    165 F.3d 265 · Court of Appeals for the Fourth Circuit · Dec 31, 1998

    We agree with the district court that the officers are not entitled to qualified immunity because the constitutional right at issue was clearly established at the time of the events in question and was a right of which a … The second prong of the qualified immunity analysis inquires whether the right at issue was clearly established at the time the alleged violation took place.

    Cited 46 timesPublished
  • Mark 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 timesUnpublished
  • Johnson v. Wilfong

    District 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 timesUnknown
  • Oladeinde 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 timesPublished
  • Lewis v. Tripp

    604 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 timesPublished
  • Oxley v. Contra Costa County Sheriff Department

    District Court, N.D. California · Jan 31, 2025

    Hughes, 584 U.S. 100, 105 16 (2018) (finding officer entitled to qualified immunity against an excessive force claim 17 because there was no clearly established law by which any competent officer would have 18 known … Defendants assert that 17 Defendant Jones is entitled to qualified immunity based on the undisputed facts and the 18 absence of any controlling authority clearly establishing that his conduct was unlawful. 19 Id

    Cited 0 timesUnknown
  • Sommer Richards v. Lvmpd

    Court 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 timesUnpublished
  • Tate v. United States

    72 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 timesPublished
  • White v. Stone

    District 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 timesUnknown

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