Case law

Opinions from 1658 to today.

Filters1795

10,000+ results

7.82s

  • Nina Yoder v. University of Louisville

    526 F. App'x 537 · Court of Appeals for the Sixth Circuit · May 15, 2013

    The qualified-immunity doctrine shields government officials performing discretionary functions from civil liability unless their conduct violates clearly established rights. Barker v. … clearly established.

    Cited 32 timesUnpublished
  • Webb v. English

    District Court, M.D. Florida · Sep 23, 2021

    First, decisions at the district court level, like the one in Baker, are insufficient to clearly establish the law for purposes of a qualified immunity analysis. … Even so, in the context of qualified immunity, posed-but-undecided questions of constitutionality do not clearly establish a right.

    Cited 0 timesUnknown
  • Adedeji v. Hoder

    935 F. Supp. 2d 557 · District Court, E.D. New York · Mar 27, 2013

    Qualified immunity protects government officials from . civil damages liability “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known … (2) “whether the right at -issue was ‘clearly established’ at the time of defendant’s alleged ¿misconduct.” .

    Cited 21 timesPublished
  • Williams v. Indiana Department of Child Services

    District Court, N.D. Indiana · Jul 9, 2019

    The Seventh Circuit has found social workers are entitled to absolute and qualified immunity in various situations. Brokaw v. … clearly established”); Millspaugh v.

    Cited 0 timesUnknown
  • Parks v. Taylor

    District Court, W.D. Oklahoma · Mar 23, 2022

    Qualified immunity protects public officials from suit “so long as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … For these reasons, and because “the right to be free from unduly tight handcuffing [is] ‘clearly established,’” Mr. Yerby is not entitled to qualified immunity at this stage.

    Cited 0 timesUnknown
  • Matson v. Hrabe

    612 F. App'x 926 · Court of Appeals for the Tenth Circuit · May 22, 2015

    Hrabe was entitled to qualified immunity because Mr. Matson failed to show a violation of a constitutional right that was clearly established at the time of action. See Pearson v. … Callahan, 555 U.S. 223, 232 (2009) (discussing two-prong qualified-immunity test).

    Cited 3 timesUnpublished
  • Steidl v. Fermon

    494 F.3d 623 · Court of Appeals for the Seventh Circuit · Jul 18, 2007

    established” constitutional law and preclude the defendants from proffering a qualified immunity defense. … II The Supreme Court has established a two-step analysis for assessing claims of qualified immunity. Saucier, 533 U.S. at 201, 121 S.Ct. 2151 .

    Cited 70 timesPublished
  • Spahr v. Collins

    District Court, D. Delaware · Dec 17, 2021

    With respect to qualified immunity, “[u]nless 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 … To show that a right is “clearly established” for the purposes of qualified immunity, the Supreme Court has stressed the importance of case law that places the statutory or constitutional question at issue beyond debate

    Cited 0 timesUnknown
  • Feis v. KING COUNTY SHERIFF'S DEPT.

    165 Wash. App. 525 · Court of Appeals of Washington · Dec 19, 2011

    resolution of a qualified immunity claim is essential." … established right so as to rebut the officers' assertion of qualified immunity.

    Cited 17 timesPublished
  • Fasciana v. Electronic Data Systems Corp.

    829 A.2d 160 · Court of Chancery of Delaware · Feb 27, 2003

    As to these allegations, Fasciana is clearly being held to account for representations he made to third parties - Kidder and GECC - as an agent of EDS. … Notwithstanding the use of the term "escrow agent" it is clearly established that "[a]n escrow holder is not as such an agent of either party to the transaction until the event occurs which terminates the escrow relation.

    Cited 73 timesPublished
  • Miller v. Power

    District Court, D. Utah · May 7, 2025

    Clearly Established Law As to the second prong of qualified immunity, it is Plaintiff’s burden to show that his rights in the circumstances were clearly established at the time of … established’ constitutional rights ‘of which a reasonable person would have known.’”165 This standard uses identical language as the standard for qualified immunity—“[t]o be considered clearly established, ‘[t]he contours

    Cited 0 timesUnknown
  • Jason Moorhead v. West Virginia Army National Guard and West Virginia Mountaineer Challenge Academy

    West Virginia Supreme Court · May 2, 2025

    Clearly Established Rights or Laws Petitioner alleges that three different clearly established laws or rights were violated by the cadre that should strip Respondents of qualified immunity: (1) MCA’s safety … established rights or laws, we find none that strip Respondents of qualified immunity on these facts.

    Cited 0 timesPublished
  • Bailey v. Michigan Department of Corrections

    District Court, E.D. Michigan · Aug 25, 2023

    “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.” Crawford v. … The Seventh Circuit affirmed the denial of qualified immunity, reasoning that a claim for inadequate ventilation was clearly established and plaintiffs plausibly alleged a violation of their rights.

    Cited 0 timesUnknown
  • Baker v. Chaplin

    517 N.W.2d 911 · Supreme Court of Minnesota · Jun 30, 1994

    Id. at 396 , 109 S.Ct. at 1872 . 5 Many courts have found the law prohibiting excessive force to be clearly established *915 for qualified immunity purposes. See, e.g., Street v. … as asserted by the defendant, the defendant's actions violated clearly established law and are therefore not within the scope of the qualified immunity.

    Cited 15 timesPublished
  • Public Citizen, Inc. v. Department of Justice and National Archives and Records Administration

    111 F.3d 168 · Court of Appeals for the D.C. Circuit · Apr 22, 1997

    The Presidential Records Act establishes an elaborate structure for the management of Presidential records. The United States retains ownership, possession and control. 44 U.S.C. § 2202 (1994). … The former President clearly qualifies as an expert on the implications of disclosure of Presidential records from his administration.

    Cited 39 timesPublished
  • Board of Regents of State v. Snyder

    826 So. 2d 382 · District Court of Appeal of Florida · Jul 19, 2002

    Qualified immunity protects government actors performing discretionary functions from liability and suit for civil damages *390 unless their conduct violates clearly established federal statutory or constitutional rights. … Thus, qualified immunity in this case hinges upon whether Mr. Snyder's First Amendment right was clearly established.

    Cited 58 timesPublished
  • Gary Orlowski v. Milwaukee County, Wisconsin

    872 F.3d 417 · Court of Appeals for the Seventh Circuit · Sep 18, 2017

    Defendants Not Entitled to Qualified Immunity The first question we must address is whether Alexander and Manns (“Defendants”) are entitled to qualified immun- ity. … Manns that could impact qualified immunity analysis.

    Cited 68 timesPublished
  • Jeffrey L. Poulakis v. Michael Rogers

    341 F. App'x 523 · Court of Appeals for the Eleventh Circuit · Aug 10, 2009

    This Court has said clearly, consistently, and on numerous occasions that we may only consider the precedent of these courts in determining whether the case law has “clearly established” a right for qualified immunity purposes … establish qualified immunity.”

    Cited 25 timesUnpublished
  • Key v. Grayson

    179 F.3d 996 · Court of Appeals for the Sixth Circuit · Jun 9, 1999

    Overview 10 The defense of qualified immunity grants government officials engaged in discretionary activities immunity from individual liability for civil damages unless their conduct violates "clearly established statutory … established prior to 1996 in order to preclude a finding of qualified immunity.

    Cited 24 timesPublished
  • Maini v. Town of Norton

    District Court, D. Massachusetts · Aug 25, 2023

    Katz, 533 U.S. 194 (2001), a qualified immunity case involving allegations of the excessive use of force in restraining an unruly crowd of demonstrators protesting an appearance by the Vice President, the Supreme Court … Isbell, 207 F.3d 1253, 1257 (11th Cir. 2000) (trial court erred in refusing to grant qualified immunity where plaintiff could point to nothing ambit of reasonableness).

    Cited 0 timesUnknown

Ask Donna

Ask Donna

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.