Case law
Opinions from 1658 to today.
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Mancuso v. Douglas Elliman, LLC
808 F. Supp. 2d 606 · District Court, S.D. New York · Aug 24, 2011
When analyzing this prong of a prima facie case, courts have used as a starting point the applicable criteria that the owner has established regarding who is “qualified.” … Other cases, including some cited by plaintiffs, have also used relevant criteria that the owner established in analyzing the “qualified” prong. See, e.g., Mencer v.
Cited 16 timesPublishedW. Va. State Police, Corporal R.D. Eshbaugh v. Victoria Hughes, Administratrix
238 W. Va. 406 · West Virginia Supreme Court · Jan 26, 2017
involved conduct did not violate clearly established laws of which a reasonable official would have known.”). 7 Maston v. … The record clearly establishes that the November Troopers searched the quarry, and in that search found and recovered some of Mr. Hughes’s remains.
Cited 25 timesPublishedDistrict Court, D. Colorado · Aug 19, 2024
“The law is clearly established when a Supreme Court or Tenth Circuit decision is on point, [though the decision need not be precisely on point] or if the clearly established weight of authority from other courts shows … Second, “the plaintiff must show that the right was clearly established at the time of the alleged unlawful activity.” Id. The Court may examine the two prongs of qualified immunity in either order. Pearson v.
Cited 0 timesUnknownPatric Patterson v. Kennie Bolden
902 F.3d 845 · Court of Appeals for the Eighth Circuit · Sep 5, 2018
Qualified immunity shields state officials from both civil liability and the burdens of litigation unless their conduct violates a clearly established right of which a reasonable person would have known. Young v. … The district court did not err in granting the defendants qualified immunity. IV.
Cited 865 timesPublished545 F.3d 796 · Court of Appeals for the Ninth Circuit · Sep 24, 2008
He argues that the BIA erred in holding that his burglary conviction could be classified as an attempted theft offense, qualifying him as an aggravated felon under the Immigration and Nationality Act (“INA”). … The two circuits that have addressed this issue have both concluded, or suggested, that a vehicular burglary can qualify as an attempted theft offense under the INA. See United States v.
Cited 23 timesPublishedTate Smith v. Odessa Junior College District, et a
507 F. App'x 359 · Court of Appeals for the Fifth Circuit · Jan 10, 2013
As stated, for our analysis of the second prong of the qualified-immunity test, the objective reasonableness of Davis’ actions must be viewed in the light of then clearly-established law. … Needless to say, the law was not clearly established.
Cited 13 timesUnpublished403 F. App'x 236 · Court of Appeals for the Ninth Circuit · Nov 12, 2010
Hong has sued in their individual capacities are entitled to qualified immunity. … It is far from clearly established today, much less in 2004 when the university officers voted on Hong’s merits increase, that university professors have a First Amendment right to comment on faculty administrative matters
Cited 4 timesUnpublishedWilliam J. Elliott v. William Thomas, Barbara Propst v. Morton W. Weir
937 F.2d 338 · Court of Appeals for the Seventh Circuit · Sep 4, 1991
Qualified immunity, we know from Mitchell , establishes a right not to be tried. When rules of law clearly establish public officials’ duty, the immunity defense is unavailable. … By sleight of hand you can turn any defense on the merits into a defense of qualified immunity.
Cited 109 timesPublished922 F. Supp. 2d 368 · District Court, E.D. New York · Feb 11, 2013
Young lacked apparent authority to consent to Delgado’s entry, Delgado is shielded from Section 1983 liability by the doctrine of qualified immunity. … City of Hobbs, 90 F.Supp.2d 1313, 1320 (D.N.M.2000) (police had qualified immunity on claim that caretaker had apparent authority to authorize search of common areas of the house). .
Cited 29 timesPublishedCurtis v. Christian County, Kentucky
District Court, W.D. Kentucky · May 24, 2022
However, even if a constitutional violation did occur, the second factor— whether that right was “clearly established” at the time of the alleged misconduct—still entitles Defendants to qualified immunity. … Sheriff’s Off., 695 F.3d 505 (6th Cir. 2012) (explaining the “clearly established” right requirement of qualified immunity particularly in relation to the use of a taser).
Cited 0 timesUnknownDistrict Court, E.D. Michigan · Mar 31, 2021
Under the “clearly established” prong of the qualified immunity test, the contours of the right must be sufficiently clear such that a reasonable official would understand that what he is doing violates that right. … Even if Defendants are found to have used excessive force while executing the search warrant, they are still entitled to qualified immunity unless such conduct violated a clearly established right.
Cited 0 timesUnknown444 P.3d 652 · Wyoming Supreme Court · Jul 9, 2019
Thus, we will address the Defendants' argument that they are entitled to qualified immunity. *659 [¶19] "Qualified immunity protects government officials from civil liability if their conduct does not violate clearly established … To overcome qualified immunity, the alleged right at issue must be "clearly established," such that it is "beyond debate." See, e.g. , Dist. of Columbia v.
Cited 5 timesPublished456 N.J. Super. 550 · New Jersey Superior Court Appellate Division · Nov 2, 2018
Most pertinent to the present appeal, defendants invoked principles of qualified immunity and argued that RDI's constitutional and NJCRA claims must be dismissed because defendants violated no "clearly established" laws … Therefore, "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."
Cited 11 timesPublishedJuanita CAUSEY, Plaintiff-Appellant, v. FORD MOTOR COMPANY Et Al., Defendants-Appellees
516 F.2d 416 · Court of Appeals for the Fifth Circuit · Jul 24, 1975
Rule 52(a), F.R.Civ.P., lays down the “clearly erroneous” test for appellate review of district court findings of fact. … In sum, the court concluded that appellant had failed to establish unlawful discrimination by the requisite evidentiary preponderance.
Cited 92 timesPublishedDistrict Court, S.D. Texas · May 21, 2024
Defendants filed a motion for summary judgment, asserting qualified immunity and arguing that Plaintiff cannot establish a genuine dispute of material fact as to his claims (see Dkt. No. 116 at 1, 3, 16–18). … The Sixth Circuit affirmed the district court’s denial of qualified immunity to the warden at summary judgment. Id. at [*13– 14].
Cited 0 timesUnknown212 Mich. App. 357 · Michigan Court of Appeals · Jul 25, 1995
"Fees for fees” claims are brought in behalf of the attorney seeking the fees and clearly do not benefit the estate because they do not increase or preserve the estate’s assets. … On the other hand, at least one jurisdiction has permitted such claims, adopting the policy argument that precluding "fees for fees” claims may have a deleterious effect on the ability of an estate to retain qualified and
Cited 22 timesPublished986 F.3d 11 · Court of Appeals for the First Circuit · Jan 19, 2021
Cronin, 537 F.3d 26, 34 (1st Cir. 2008) (reasoning that, even if a constitutional right has been clearly established, a defendant may nonetheless be protected by qualified immunity if a reasonable official … So now, as we leapfrog the initial elements of the qualified-immunity analysis (recall that we're assuming arguendo that the use of the pepper spray was unreasonable and Justiniano had a clearly established right to be
Cited 58 timesPublished109 N.J. 173 · Supreme Court of New Jersey · Jan 25, 1988
Thus, the qualified-immunity defense would be lost if the official knew or reasonably should have known that his or her action would violate plaintiffs clearly established constitutional rights or if he or she maliciously … For Kirk to defeat Cardillo’s assertion of the defense of qualified immunity, Kirk must show that the law was clearly established at the time of the incident.
Cited 55 timesPublishedDistrict Court, N.D. New York · Jun 3, 2021
“Qualified immunity shields government officials from civil damages liability unless the official violated a statutory or constitutional right that was clearly established at the time of the challenged conduct.” … Luna, 577 U.S. 7, 12-14 (2015) (reversing denial of qualified immunity because circuit court considered it clearly established that police officer may not “use deadly force against a fleeing felon who d[id] not pose
Cited 0 timesUnknownDistrict Court, S.D. Mississippi · Oct 28, 2020
Ct. 1148, 1153 (2018) (reversing denial of qualified immunity)), amended in part, No. 3:18-CV-609-DPJ-LRA, 2019 WL 3806641 (S.D. Miss. Aug. 13, 2019), aff’d, 974 F.3d 594 (5th Cir. 2020). … Ct. at 1153 (reversing denial of qualified immunity where facts did not fit clearly established law). The 2020 autopsy report and expert report do not “clearly” change that result either.
Cited 0 timesUnknown
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