Case law

Opinions from 1658 to today.

Filters2000

10,000+ results

1.54s

  • Gallant v. Cole <b> <font color="RED"> Do Not File in this Case - Case Consolidated, file in Case No. 18-CV-03241-SRB . </b> </font>

    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 timesUnknown
  • Hamen v. Hamlin Cnty.

    2021 S.D. 7 · South Dakota Supreme Court · Feb 10, 2021

    the constitutional right was clearly established. … was clearly established at the time.

    Cited 5 timesPublished
  • Wilmot v. Tracey

    938 F. Supp. 2d 116 · District Court, D. Massachusetts · Mar 28, 2013

    “The doctrine of qualified 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 … “[T]he second, ‘clearly established’ step of the qualified immunity analysis ... in turn, has two aspects.” Maldonado, 568 F.3d at 269 .

    Cited 14 timesPublished
  • James 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
  • Devon 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 timesUnpublished
  • Cunningham ex rel Gaines v. Baltimore Cnty.

    487 Md. 282 · Court of Appeals of Maryland · Jun 25, 2024

    Because the law was not clearly established at the time, qualified immunity is proper. … Alternatively, the Defendants argued that Corporal Ruby was entitled to qualified immunity because he did not violate clearly established law.

    Cited 1 timesPublished
  • Maurice 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 timesPublished
  • Henry 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 timesPublished
  • Williams v. Baird

    273 Neb. 977 · Nebraska Supreme Court · Jul 13, 2007

    Qualified immunity provides a shield from liability for public officials sued under 42 U.S.C. § 1983 in their individual capacity, so long as an official’s conduct does not violate clearly established statutory or constitutional … workers. 32 Whether an official may prevail in his or her qualified immunity defense depends upon the objective reasonableness of his or her conduct as measured by reference to clearly established law. 33 An official sued

    Cited 22 timesPublished
  • Grose v. Caruso

    284 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 timesUnpublished
  • Schnabel v. Tyler

    230 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 timesPublished
  • Jan McRaven v. Lt. McMurrian

    Court of Appeals for the Eighth Circuit · Aug 20, 2009

    was clearly established at the time of the deprivation.” … The district court denied defendant-appellants qualified immunity. A detainee’s right to medical treatment is clearly established. Estelle, 429 U.S. at 104.

    Cited 0 timesPublished
  • Corum 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 timesPublished
  • Saez v. Judicial Branch

    District 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 timesUnknown
  • Wells v. Cole <b> <font color="RED"> Do Not File in this Case - Case Consolidated, file in Case No. 18-CV-03241-SRB . </b> </font>

    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 timesUnknown
  • Burns v. Cole <b> <font color="RED">THIS IS CONSOLIDATED WITH CASE 6:18-cv-03246-SRB. ALL PLEADINGS ARE TO BE FILED IN THIS CASE. </b> </font>

    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 timesUnknown
  • Mills 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 timesUnknown
  • S.M. v. Michael Krigbaum

    808 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 timesPublished
  • McLin v. Trimble

    61 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 timesPublished
  • Tidwell v. Gomez

    District Court, N.D. Texas · Feb 1, 2021

    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 timesUnknown

Ask Donna

Ask Donna

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.