Case law
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District Court, M.D. Florida · Mar 31, 2023
Qualified immunity protects government officials performing discretionary functions from being sued in their individual capacities unless their conduct violates a clearly established … immunity defense, the plaintiff bears the burden of proving the existence of a clearly established right.
Cited 0 timesUnknownDistrict Court, N.D. Texas · Feb 24, 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 timesPublishedJensen, Madison Jody the Estate of v. Duchesne County
District Court, D. Utah · Sep 15, 2022
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 person would have known.’” … Gomez, 745 F.3d 405, 411 (10th Cir. 2014) (“The plaintiff “bear[s] the ultimate burden of persuasion at trial to overcome qualified immunity by showing a violation of clearly established federal law.”).
Cited 0 timesUnknown28 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 timesPublished319 Mont. 269 · Montana Supreme Court · Jan 28, 2004
Did the District Court err in granting Defendant Capp qualified immunity on the basis that it was not clearly established at the time of Losleben’s discharge from employment that the Fourteenth Amendment’s Equal Protection … , Capp was entitled to qualified immunity
Cited 12 timesPublishedDistrict Court, W.D. New York · Aug 29, 2019
Qualified Immunity “The doctrine of qualified immunity shields officials from civil liability so long as their conduct ‘does not violate clearly established statutory or … was ‘clearly established’ at the time of defendant’s alleged misconduct.”
Cited 0 timesUnknown489 S.W.3d 165 · Supreme Court of Arkansas · Apr 7, 2016
Qualified immunity shields government officials from liability for civil damages when they are performing discretionary functions “insofar as their conduct does not violate clearly established statutory or constitutional … Thus, courts evaluating a claim of qualified immunity must determine whether the-plaintiff has alleged the deprivation of an actual constitutional right and, if so, whether that right was clearly established at the time of
Cited 12 timesPublishedDistrict 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 timesUnknownDistrict Court, S.D. Ohio · Nov 30, 2020
“Qualified immunity is applicable unless the official’s conduct violated a clearly established constitutional right.” Pearson, 555 U.S. at 232. … The right to be free from arrest without probable cause was clearly established in 2016 for purposes of a qualified immunity analysis. See, e.g., Radvansky v.
Cited 0 timesUnknown575 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 timesPublishedCason 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 timesUnpublishedCity 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, M.D. Tennessee · Apr 16, 2025
the unlawfulness of their conduct was ‘clearly established at the time.’” … Evans, 90 F.4th 541, 548 (6th Cir. 2024) (the defendant is entitled to qualified immunity because the plaintiff’s cursory briefing makes no attempt to meet his burden of showing that the defendant violated his clearly
Cited 0 timesUnknownDistrict 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 timesUnknownThe 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 timesUnknown592 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 timesPublishedDistrict Court, D. New Jersey · Aug 7, 2024
But even if this were addressed, it is not clear that the Plaintiff could get over the qualified immunity hurdle here. … (1) violated a statutory or constitutional right, and (2) that the right was ‘clearly established’ at the time of the challenged conduct.”)
Cited 0 timesUnknownDistrict 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
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