Case law
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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 timesUnpublishedDistrict Court, D. Oregon · Mar 26, 2024
Relatedly, Defendants point out that the F&R does not include a discussion of qualified immunity as to Medary and Skinner for Plaintiffs’ Third Claim, despite qualified immunity having been raised in Defendants’ … established.
Cited 0 timesUnknownRAYNER v. THE COUNTY OF CHESTER
District Court, E.D. Pennsylvania · May 6, 2025
Sept. 1, 2020) (“Because a Fourteenth Amendment procedural due process right against malicious prosecution was not clearly established in 2008—and is still not clearly established for that matter—the Court grants qualified … “If a court concludes that an officer's conduct did violate a clearly established constitutional right, then it must deny him the protection afforded by qualified immunity.” Curley, 298 F.3d at 277.
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 timesPublishedKennedy v. Dexter Consolidated Schools
129 N.M. 436 · New Mexico Supreme Court · Aug 14, 2000
immunity for the strip-to-undergarments search of Randy Ford because while that search violated his rights, those rights were not “clearly established” in 1992; (2) two Defendants deserved qualified immunity because their … QUALIFIED IMMUNITY {10} All Defendants assert that qualified immunity insulates them from liability.
Cited 61 timesPublished179 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 timesPublishedWillie 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 timesPublishedCity 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 timesPublishedDistrict 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 timesUnknown92 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 timesPublished592 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 timesPublishedRobert 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 timesUnpublishedBailey 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 timesUnknownMaurice 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 timesPublished280 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 timesPublished28 F.3d 991 · Court of Appeals for the Ninth Circuit · Jul 6, 1994
Indian affairs, clearly intended to authorize such suits. … district, established by ... the United States"); Pennsylvania v.
Cited 0 timesPublished350 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 timesPublishedDistrict 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 timesUnknownSallenger, 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 timesPublishedJames 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
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