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2.77s
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 timesUnknownBRYHEIM JAMAR BASKIN VS. RAFAEL MARTINEZ (L-0901-14, CAMDEN COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Sep 14, 2018
"The doctrine of qualified immunity operates to shield 'government officials performing discretionary functions generally . . . from liability for civil damages insofar as their conduct does not violate clearly established … Ct. 1765, 1776 (2015) ("Qualified immunity is no immunity at all if 'clearly established' law can simply be defined as the right to be free from unreasonable searches and seizures.").
Cited 0 timesUnpublishedSallenger, 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 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 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 timesUnpublishedDistrict 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 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 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 timesPublishedDevon W. Brown v. City of Atlanta
Court of Appeals for the Eleventh Circuit · Jun 25, 2019
With respect to such claim, the Officers would also have qualified immunity regarding their movement of chairs, looking behind counters, and looking into refrigerators as no clearly established precedent indicates that … Creighton, 483 U.S. 635, 641 (1987) (holding that an officer is entitled to qualified immunity if “a reasonable officer could have believed” that the search was lawful “in light of clearly established law and the information
Cited 0 timesUnpublished624 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 timesPublishedHenry H. Amsden v. Thomas F. Moran, Etc.
904 F.2d 748 · Court of Appeals for the First Circuit · May 29, 1990
Qualified immunity shields government officials wielding discretionary powers “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … not necessarily entitled to prevail on the issue of qualified immunity- *752 Collins v.
Cited 302 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 timesUnknown623 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 timesPublished
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