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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 timesUnknownDistrict 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 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 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 timesPublishedRAYNER 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, D. Minnesota · Dec 14, 2018
See Pearson, 555 U.S. at 237 (encouraging courts to decide qualified immunity defenses on the “clearly established “prong” when “it is plain that a constitutional right is not clearly established but far from obvious whether … judgment in a qualified immunity case.”
Cited 0 timesUnknownJames 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 timesUnpublished280 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 timesPublished517 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 timesPublished624 F.3d 522 · Court of Appeals for the Second Circuit · Oct 12, 2010
(3) was clearly 8 established at the time that he was arrested." … Kurtzman, 411 U.S. 192, 207-08 (1973) that petitioners are entitled to qualified immunity on the ground that it was not clearly established at the time of the search that their conduct was unconstitutional
Cited 0 timesPublishedDistrict Court, W.D. Wisconsin · Mar 14, 2025
Even if prison officials violate the Constitution, they are entitled to qualified immunity absent proof of a violation of clearly established law. Tousis v. Billiot, 84 F.4th 692, 698 (7th Cir. 2023). … Thus, the court must deny summary judgment as to both, including on qualified immunity grounds. See Hardeman v.
Cited 0 timesUnknown845 P.2d 346 · Wyoming Supreme Court · Dec 2, 1992
Creighton, 483 U.S. 635, 639-40 , 107 S.Ct. 3034, 3038-39 , 97 L.Ed.2d 523 (1987), the Court took up the question of what constitutes a “clearly established legal rule” for purposes of qualified immunity: The operation of … action is a violation) violates a clearly established right.
Cited 25 timesPublishedDistrict Court, D. Connecticut · Aug 16, 2022
In order for a plaintiff to overcome a defense of qualified immunity, a plaintiff must show that the defendant violated a right of the plaintiff that was clearly established law at the time of the conduct in question. … App’x 533, 535 (2d Cir. 2004) (dismissing qualified immunity appeal because employee’s right to be free from racially discriminatory imposition of a probationary period was clearly established in 2004).
Cited 0 timesUnknownBoard 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 timesPublished623 F.3d 975 · Court of Appeals for the Ninth Circuit · Oct 7, 2010
Luchtel has not shown that the use of the officers’ bodies and handcuffs in the manner deployed violated a clearly established constitutional right. See Pearson, 129 S.Ct. at 815 . … A reasonable police officer could properly believe that the use of this level of force would not violate a clearly established constitutional right. See Jackson, 268 F.3d at 653 n. 5; see also Malley v.
Cited 100 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 timesUnpublishedChavez v. Board of County Commissioners
130 N.M. 753 · New Mexico Court of Appeals · Jul 23, 2001
Merits of Qualified Immunity Issue {14} Government officials performing discretionary functions are entitled to qualified immunity “insofar as their conduct does not violate clearly established statutory or constitutional … Clearly Established Law {16} Defendants argue that they are entitled to qualified immunity because Plaintiff failed to meet her burden of showing that in October 1995 it was clearly established that law enforcement officers
Cited 32 timesPublishedNiewolak v. CITY OF HIGHLAND PARK, MI
District Court, E.D. Michigan · Jul 19, 2022
With respect to qualified immunity, as to the “clearly established” prong, “[t]he law is clear in this Circuit regarding the prohibition against excessively forceful handcuffing.” Baynes v. … City of Troy, 247 F.3d 633, 641 (6th Cir. 2001) (the right to be free from “excessively forceful handcuffing” is clearly established for qualified immunity purposes).
Cited 0 timesUnknownMichael Cantrell v. City of Murphy
666 F.3d 911 · Court of Appeals for the Fifth Circuit · Jan 4, 2012
“[A]n official does not lose qualified immunity merely because a certain right is clearly established in the abstract.” Kinney, 367 F.3d at 350. … Stated differently, Matthew’s asserted right was not clearly established on October 2, 2007. Because this putative right was not clearly established, the Officers are entitled to qualified immunity.
Cited 66 timesPublishedCourt of Appeals for the Eleventh Circuit · Mar 24, 2023
Qualified immunity shields “government officials perform- ing discretionary functions . . . from liability for civil damages inso- far as their conduct does not violate clearly established statutory or … The Supreme Court has established a two-part test for evaluating a claim of qualified immunity.
Cited 0 timesUnpublished
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