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  • City 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 timesPublished
  • Michael Smith v. Yates

    Court of Appeals for the Ninth Circuit · Jun 13, 2019

    See Ashcroft v. al-Kidd, 563 U.S. 731, 735 (2011) (explaining two-part test for qualified immunity); Hines v. … Youseff, 914 F.3d 1218, 1229-30 (9th Cir. 2019) (existing Valley Fever cases did not clearly establish a “right to be free from heightened exposure to Valley Fever spores”).

    Cited 0 timesUnpublished
  • Estep v. Combs

    District Court, E.D. Kentucky · Jun 17, 2020

    This would cloak Combs in qualified immunity. See Phillips, 786 F. … See, e.g., DE 55-1 at 16–18, 21–22.21 However, the Sixth Circuit has explicitly held that “freedom from excessively forceful or unduly tight handcuffing is a clearly established right for purposes of qualified immunity

    Cited 0 timesUnknown
  • Doe v. Marsh

    105 F.3d 106 · Court of Appeals for the Second Circuit · Jan 22, 1997

    "Even where the plaintiff's federal rights and the scope of the official's permissible conduct are clearly established, the qualified immunity defense protects a government actor if it was 'objectively reasonable' for him … 'clearly established' at the time [the action] was taken.")

    Cited 17 timesPublished
  • Generis Ent., LLC v. Mary Anne Donley

    Court of Appeals for the Sixth Circuit · Feb 19, 2026

    Trooper Bitner moved to dismiss Generis’ complaint, arguing, in relevant part, that qualified immunity shielded him from suit because the liquor inspection search was not pretextual and no clearly established law placed … The district denied Trooper Bitner’s demand for qualified immunity, 3 finding that Generis had plausibly alleged a pretextual use of inspection authority for criminal investigation and that this violated clearly established

    Cited 0 timesUnpublished
  • Thomas v. Mason

    Court 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 timesUnpublished
  • MORAN 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 timesUnknown
  • Sullivan v. Coney

    427 S.W.3d 682 · Supreme Court of Arkansas · May 23, 2013

    right is clearly established, and (3) raised a genuine issue of fact as to whether the official would have known that the conduct violated that clearly established right. … that his conduct violated that clearly established right.

    Cited 11 timesPublished
  • Smith v. BRT

    363 Ark. 126 · Supreme Court of Arkansas · Jun 30, 2005

    Under that analysis, a motion for summary judgment based upon qualified immunity is precluded only when the plaintiff has asserted a constitutional violation, demonstrated the constitutional right is clearly established, … qualified immunity under Ark.

    Cited 30 timesPublished
  • Reynolds-Marshall v. Hallum

    162 B.R. 51 · District Court, D. Maine · Dec 29, 1993

    That rule provides that “[findings of fact ... shall not be set aside unless clearly erroneous.” B.R. 8013. This Court will review determinations of law de novo. A. … In Davenport , the Supreme Court indicated that the legislative history of the Bankruptcy Code “reflects Congress’ broad rather than restrictive view of the class of obligations that qualify as a ‘claim’ giving rise to a

    Cited 14 timesPublished
  • Chavez 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 timesPublished
  • STATE 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 timesUnpublished
  • Joseph Walton, as Next Friend of Christopher Walton, a Minor v. Alma Alexander, Alma Alexander

    20 F.3d 1350 · Court of Appeals for the Fifth Circuit · Jul 1, 1994

    State officials are protected by qualified immunity for alleged constitutional torts if their conduct does not violate clearly established law effective at the time of the alleged tort. Harlow v. … Therefore, the first step in examining a defendant’s claim of qualified immunity is to determine whether the plaintiff has “al-leg[ed] the violation of a clearly established constitutional right.” Siegert v.

    Cited 31 timesPublished
  • Jerry Reed v. Allison Taylor

    Court 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 timesPublished
  • Johnson v. Rowe

    District 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
  • Boyle Ventures, LLC v. City of Fayetteville

    711 S.W.3d 280 · Supreme Court of Arkansas · May 15, 2025

    “A motion for summary judgment based on qualified immunity is precluded only when the plaintiff has asserted a constitutional violation, demonstrated the constitutional right is clearly established and raised a genuine … 21 would have known that the conduct violated that clearly established right.

    Cited 5 timesPublished
  • Penate v. Kaczmarek

    District Court, D. Massachusetts · Dec 7, 2018

    A defendant is entitled to the protection of qualified immunity when his “conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Kisela v. … Hughes, 138 S.Ct. 1148, 1152 (2018) (holding that qualified immunity protected a police officer in a Fourth Amendment context because the officer’s conduct did not violate clearly established law) (quotations omitted).

    Cited 0 timesUnknown
  • Rivera v. Redfern

    District 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 timesUnknown
  • KARA B. v. Dane County

    205 Wis. 2d 140 · Wisconsin Supreme Court · Nov 25, 1996

    Qualified immunity does not protect public officials who have allegedly violated someone's clearly established constitutional right. Anderson v. … established law' in the qualified immunity determination.

    Cited 9 timesPublished
  • Jones

    District Court, E.D. Michigan · Dec 29, 2025

    Qualified Immunity Defendants also assert that the claims against Sheriff King must be dismissed under qualified immunity. … Nor is Sheriff King entitled to qualified immunity under the Elrod/Branti defense.

    Cited 0 timesUnknown

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