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District Court, District of Columbia · Mar 31, 2009
Qualified Immunity "[G]overnment officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … However, "[ a] plaintiff who seeks damages for violation of constitutional or statutory rights may overcome the defendant official's qualified immunity only by showing that those rights were clearly established at the time
Cited 0 timesPublished61 O.B.A.J. 1633 · Supreme Court of Oklahoma · Jun 19, 1990
The qualified immunity doctrine may be stated thus: “government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established … The petitioners are immune from suit unless their actions violated clearly established constitutional law. Mitchell v. Forsyth, supra.
Cited 47 timesPublishedMORAN v. HAWTHORNE POLICE DEPARTMENT
District Court, D. New Jersey · Mar 18, 2025
The Officer Defendants contend that they are entitled to qualified immunity. However, those arguments presently “rest on what are currently contested factual averments.” Velardo v. … City of Elizabeth, 436 F. 3d 397, 405 (3d Cir. 2006) (“Although qualified immunity is a question of law determined by the Court, when qualified immunity depends on disputed issues of fact, those issues must be determined
Cited 0 timesUnknownNiewolak 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 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 timesPublished230 Conn. 735 · Supreme Court of Connecticut · Aug 9, 1994
Furthermore, “[e]ven where the law is clearly established and the scope of an official’s permissible conduct is clearly defined, the qualified immunity defense also protects an official if it was objectively reasonable for … view that the clearly established law prong was dispositive of the qualified immunity defense.
Cited 74 timesPublishedCorum v. University of North Carolina Ex Rel. Board of Governors
97 N.C. App. 527 · Court of Appeals of North Carolina · Mar 20, 1990
Similarly, the Court concluded that denial of a public official’s claim of qualified immunity from suit, to the extent that it turns on the legal questions of whether the conduct complained of violated “clearly established … Further, the qualified immunity argument turns on the issue of whether “clearly established law” has been violated. Harlow, supra. In accord with Mitchell v.
Reversed in part, on other grounds by Corum v. University of North Carolina, 330 N.C. 761 (1992)Cited 28 timesPublishedSTATE OF NEW JERSEY VS. CHRISTOPHER KIM (16-07-0591 AND 17-02-0115, PASSAIC COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Aug 21, 2018
at 123 (analyzing the exemption in the context of a claim of qualified immunity). … at 343 (holding "it is only when the facts known to the prosecutor clearly indicate or clearly establish the appropriateness of an instruction that the duty of the prosecution arises"); cf. State v.
Cited 0 timesUnpublishedCourt of Appeals for the Second Circuit · Dec 23, 2024
Officers are entitled to qualified immunity “if either (a) the defendant’s action did not violate clearly established law, or (b) it was objectively reasonable for the defendant to believe that his action 1 Thomas … be granted to the defendant on the basis of qualified immunity.”).
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 timesUnknownMills v. Cole Do Not File in this Case - Case Consolidated, file in Case No. 18-CV-03241-SRB .
District Court, W.D. Missouri · Nov 30, 2018
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 … ] was not entitled to qualified immunity”), and Nord, 757 F.3d at 744 (because government’s interests outweighed the deputy sheriff’s under Pickering-Connick, county sheriff’s “actions did not violate a clearly established
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 timesPublishedCourt of Appeals for the Fifth Circuit · May 2, 2019
The district court granted summary judgment to the officials based on qualified immunity, holding that the threat of criminal prosecution wasn’t “other legal process” under clearly established law. Reed appealed. … “The doctrine of qualified immunity shields officials from civil liability so long as their conduct ‘does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’
Cited 0 timesPublished808 F.3d 335 · Court of Appeals for the Eighth Circuit · Dec 9, 2015
Qualified immunity shields a public official from damage liability unless the official’s actions violate “clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … violation was clearly established at the time in question, what was known to a person who might be shielded by qualified immunity, and the reasonableness of defendant’s actions.
Cited 320 timesPublishedBrent Jacoby v. Baldwin County
835 F.3d 1338 · Court of Appeals for the Eleventh Circuit · Aug 29, 2016
“In this [C]ircuit, the law can be ‘clearly established’ for qualified immunity purposes only by decisions of the U.S. … And Magluta looked to Hewitt to determine whether the liberty interest was clearly established for the purposes of the defendants’ qualified-immunity claim. See id. at 1283–84.
Cited 106 timesPublishedDistrict Court, M.D. Pennsylvania · Feb 21, 2023
Thus, the court may forego difficult constitutional issues and award qualified immunity to a defendant if it is apparent that the defendant did not violate rights that were clearly established at the time the defendant … “If neither source provides relevant caselaw, we consider whether ‘a robust consensus of cases of persuasive authority in the Court of Appeals could clearly establish a right for purposes of qualified immunity.’ Id.
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 timesUnpublished284 F. App'x 279 · Court of Appeals for the Sixth Circuit · Jul 1, 2008
a violation of clearly established law.” … When constitutional violations are not clearly established, state officials are entitled to qualified immunity. Saucier v. Katz, 533 U.S. 194 , 201, 121 S.Ct. 2151 , 150 L.Ed.2d 272 (2001).
Cited 31 timesUnpublishedDistrict Court, D. Connecticut · Jun 27, 2025
Defendants bear of the burden of establishing qualified immunity. Outlaw v. … The defendants have not met their burden of establishing qualified immunity at the pleadings stage.
Cited 0 timesUnknown
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