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  • 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
  • Banks v. Jones

    575 S.W.3d 111 · Supreme Court of Arkansas · Jun 6, 2019

    Public officials are entitled to qualified immunity from damages under Section 1983 unless they transgress "clearly established statutory or constitutional rights of which a reasonable person would have known." … Banks is entitled to qualified immunity unless (1) the facts alleged, construed in a light most favorable to Jones, establish a violation of a constitutional or statutory right, and (2) the right was clearly established at

    Cited 25 timesPublished
  • Cason Cunningham v. Norm Kramer

    Court of Appeals for the Ninth Circuit · Jun 13, 2019

    Baldwin, 109 F.3d 557, 560-61 (9th Cir. 1997) (dismissal on the basis of qualified immunity). We affirm. … See Ashcroft v. al- Kidd, 563 U.S. 731, 735 (2011) (explaining two-part test for qualified immunity); Hines v.

    Cited 0 timesUnpublished
  • City of Fayetteville v. Romine

    373 Ark. 318 · Supreme Court of Arkansas · May 1, 2008

    violation, demonstrated the constitutional right is clearly established, and raised a genuine issue of fact as to whether the official would have known that the conduct violated that clearly established right. … his conduct violated that clearly established right.

    Cited 33 timesPublished
  • The Estate of Gary Brannon v. Franklin

    District Court, M.D. Alabama · Sep 6, 2024

    Qualified immunity immunizes Sheriff Franklin from liability if the Second Amended Complaint fails to state a violation of a “clearly established statutory or constitutional right[] of which a reasonable person would have … “It is therefore appropriate for a district court to grant the defense of qualified immunity at the motion to dismiss stage if the complaint ‘fails to allege the violation of a clearly established constitutional right.’

    Cited 0 timesUnknown
  • Hill v. Rowe

    District Court, N.D. Texas · Jan 4, 2022

    Serpas, 745 F.3d 767, 771 (Sth Cir. 2014) (“Once the defendant raises the qualified immunity defense, ‘the burden shifts to the plaintiff to rebut this defense by establishing that the official’s allegedly wrongful conduct … violated clearly established law.’”

    Cited 0 timesUnknown
  • Pittsley

    District Court, E.D. California · Oct 1, 2025

    of showing that the 27 rights allegedly violated were ‘clearly established.’” … constitutes an Eighth Amendment violation, defendant is entitled 12 to qualified immunity. 13 Qualified immunity protects “all but the plainly 14 incompetent or those who knowingly

    Cited 0 timesUnknown
  • Sims v. Diaz

    District Court, N.D. California · Mar 23, 2021

    was “clearly established” at the time of the alleged misconduct. … 27 Fever spores—was not clearly established at the time”); Horton v.

    Cited 0 timesUnknown
  • Mark Bambach v. Gina Moegle

    92 F.4th 615 · Court of Appeals for the Sixth Circuit · Feb 8, 2024

    The court’s analysis of the state defendants’ qualified-immunity defense, however, failed to assess whether those constitutional rights were clearly established at the time of the violations. … clearly established law).

    Cited 16 timesPublished
  • Losh v. Fabian

    592 F.3d 820 · Court of Appeals for the Eighth Circuit · Jan 4, 2010

    Only rulings in Supreme Court decisions issued before the state court acts are considered clearly established federal law, id. at 412 , 120 S.Ct. 1495 , for a state court does not act contrary to or unreasonably apply clearly … Losh disagrees, arguing that Jimenez merely applied an "old rule," which was clearly established federal law at the time her case was decided.

    Cited 9 timesPublished
  • Robert Harper v. County of Delaware

    Court of Appeals for the Third Circuit · Aug 12, 2019

    And for qualified immunity purposes, 3 The individual defendants argued below that they were entitled to qualified immunity. … The Municipal Defendants Our conclusion that the right Harper claims was not clearly established does not resolve his claims against the municipal defendants, which cannot assert a qualified immunity defense to

    Cited 0 timesUnpublished
  • Maurice Moore v. Dr. John Duffy

    255 F.3d 543 · Court of Appeals for the Eighth Circuit · Jul 6, 2001

    Duffy’s conduct was not objectively reasonable under clearly established law. Dr. Duffy contends on appeal that he is entitled to qualified immunity. … Qualified immunity shields government officials “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known

    Cited 45 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
  • Willie Dean, Jr. v. Johnnie Jones

    984 F.3d 295 · Court of Appeals for the Fourth Circuit · Jan 4, 2021

    And even if there had been an Eighth Amendment violation, according to the officers, they were entitled to qualified immunity because that violation was not “clearly established” in 2015. … were lawful in light of clearly established law.’”

    Cited 108 timesPublished
  • Baldridge v. Cordes

    350 Ark. 114 · Supreme Court of Arkansas · Sep 26, 2002

    Qualified Immunity A motion for summary judgment based upon qualified immunity is precluded only when the plaintiff has asserted a constitutional violation, demonstrated the constitutional right is clearly established and … Thus, an official is immune from suit if his actions did not violate clearly established principles of law of which a reasonable person would have knowledge. Virden v.

    Cited 22 timesPublished
  • Gallant v. Cole <b> <font color="RED"> Do Not File in this Case - Case Consolidated, file in Case No. 18-CV-03241-SRB . </b> </font>

    District Court, W.D. Missouri · Nov 30, 2018

    that right was clearly established at the time of the employee’s firing.” … Regarding step two of the qualified immunity analysis, “[f]or a constitutional right to be clearly established, its contours ‘must be sufficiently clear that a reasonable official would understand that what he is doing

    Cited 0 timesUnknown
  • Sallenger, Mary v. Oakes, Brian

    Court of Appeals for the Seventh Circuit · Jan 10, 2007

    If the right was clearly estab- lished, the government actor is not entitled to qualified immunity. … If the right was not clearly established, the officers are still entitled to qualified immunity.

    Cited 0 timesPublished
  • James Schoonover v. Clay County Sheriff's Dept.

    Court of Appeals for the Fourth Circuit · Jun 15, 2023

    To determine whether an officer is entitled to qualified immunity, we must examine, in either order: “(1) whether a constitutional violation occurred; and (2) whether the right was clearly established at … qualified immunity.”).

    Cited 0 timesUnpublished
  • Boreen v. Christensen

    280 Mont. 378 · Montana Supreme Court · Dec 30, 1996

    s qualified immunity claim. … Because we hold that Boreen’s property interest in her employment was not clearly established in April of 1990, we need not reach the second prong of the Harlow test for granting qualified immunity.

    Cited 8 timesPublished

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