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  • Brent 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 timesPublished
  • Wilcox v. Batiste

    360 F. Supp. 3d 1112 · District Court, E.D. Washington · Dec 21, 2018

    Qualified Immunity The parties also dispute whether Chief Batiste is entitled to qualified immunity from monetary damages. 3 ECF No. 35 at 9; ECF No. 56 at 14. … The Court begins by assessing whether the right that Chief Batiste is alleged to have violated is clearly established. *1124 A right from a federal statute or the constitution is clearly established when a reasonable official

    Cited 9 timesPublished
  • Moody v. Ungerer

    18 Brief Times Rptr. 1019 · Supreme Court of Colorado · Jun 13, 1994

    In evaluating a police officer’s claim of qualified immunity, a reviewing court must determine whether the right allegedly violated was “clearly established,” i.e., whether the contours of the right were sufficiently clear … Accordingly, we hold that Trooper Moody is entitled to qualified immunity.

    Cited 53 timesPublished
  • Bishop v. Szuba

    Court of Appeals for the Tenth Circuit · Jul 12, 2018

    Clearly Established Law An official is entitled to qualified immunity so long as his or her actions don’t “violate clearly established statutory or constitutional rights of which a reasonable person would have known … (holding that defendant was entitled to qualified immunity because plaintiff “failed to satisfy her burden on the clearly-established-law prong of the qualified-immunity standard”).

    Cited 0 timesUnpublished
  • Keil v. TRIVELINE

    720 F. Supp. 2d 1088 · District Court, W.D. Missouri · Jun 24, 2010

    However, subsequent United States Supreme Court cases reveal that limited discovery on the qualified immunity issue is allowed, so long as the plaintiffs allegations state a violation of clearly established law. … In Mitchell, the Court opined, Unless the plaintiffs allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery

    Cited 1 timesPublished
  • Davis v. State

    902 N.W.2d 165 · Nebraska Supreme Court · Oct 6, 2017

    To show a clearly established federal right, the U.S. … clearly established at the time of the challenged conduct.140 A court can address the two compo- nents of the qualified immunity analysis in either order.141 139 See Harlow v.

    Cited 56 timesPublished
  • Pueblo of Pojoaque v. New Mexico

    214 F. Supp. 3d 1028 · District Court, D. New Mexico · Sep 30, 2016

    Qualified Immunity Motion Reply at 9. With respect to the clearly established prong, the Individual Defendants argue that the Plaintiffs still fail to establish a violation of a clearly established right. … Clearly Established Rights in the Qualified Immunity Analysis.

    Cited 18 timesPublished
  • John Dobosz v. Joseph A. Walsh

    892 F.2d 1135 · Court of Appeals for the Second Circuit · Dec 28, 1989

    We believe that with regard to the due process claim relating to the suspension, Walsh did not violate any clearly established law. … Walsh is not entitled to qualified immunity with respect to this claim.

    Cited 50 timesPublished
  • Vickey Horton Tapley v. Darrell Collins

    211 F.3d 1210 · Court of Appeals for the Eleventh Circuit · May 5, 2000

    Under this common-law defense, public officials sued in their individual capacities are entitled to qualified immunity when their actions do not violate “clearly established statutory or constitutional rights.” … established and deny them qualified immunity when they violate statutory rights that similarly are not clearly established.”

    Cited 0 timesPublished
  • Cody Walton v. Robert Dawson

    752 F.3d 1109 · Court of Appeals for the Eighth Circuit · May 20, 2014

    law relating to qualified immunity.’ ” Lockridge v. … ; and (2) the right was clearly established at the time of the deprivation.”

    Cited 231 timesPublished
  • Petsche v. Hruby

    District Court, N.D. Ohio · Mar 26, 2025

    The Individual Defendants assert qualified immunity on the § 1983 claims and statutory immunity under Chapter 2744 on the state law claim. … was clearly established at the time of the defendant’s alleged misconduct.”).

    Cited 0 timesUnknown
  • Williams v. Kentucky

    24 F.3d 1526 · Court of Appeals for the Sixth Circuit · May 26, 1994

    qualified immunity issues. … Defendants are not entitled to qualified immunity on Williams’ First Amendment claim. It was clearly established that the speech Williams cites as the reason for her demotion addressed matters of public concern.

    Cited 94 timesPublished
  • Rouse v. Florio

    District Court, D. Maryland · Sep 30, 2019

    The doctrine of 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 … established at the time for qualified immunity purposes).

    Cited 0 timesUnknown
  • Ballard v. Cope

    District Court, E.D. Kentucky · Feb 1, 2023

    Qualified Immunity and Qualified Official Immunity Defendants also argue that Cope is protected from Ballard’s federal claims by qualified immunity and from Ballard’s state law claims by … Kentucky’s qualified official immunity doctrine.

    Cited 0 timesUnknown
  • Segaline v. Department of Labor & Industries

    199 Wash. App. 748 · Court of Appeals of Washington · Jul 17, 2017

    entitled to qualified immunity. … If Alan Croft has qualified immunity as to the trespass notice he is entitled to qualified immunity for the actions that flowed from it. . . . Absent a clearly established right, Mr.

    Cited 1 timesPublished
  • Guerrero Ex Rel. Guerrero v. Alaska Housing Finance Corp.

    123 P.3d 966 · Alaska Supreme Court · Nov 4, 2005

    They therefore qualify as immune under Alaska’s planning-operational test of discretionary function immunity. 76 We have reached the same conclusion regarding the construction of pedestrian overpasses 77 and other highway … would bar the claim unless the project at issue — here, the A/C traffic couplet — was governed by clearly established standards that mandated their installation.

    Cited 24 timesPublished
  • Williams v. City & County of Denver

    99 F.3d 1009 · Court of Appeals for the Tenth Circuit · Nov 6, 1996

    The employee is entitled to qualified immunity either if the law was not clearly established or if his conduct did not violate the law. … To summarize, we affirm the grant of qualified immunity to defendants individually on the ground that the law was not clearly established.

    Vacated by Williams v. Denver, 140 F.3d 855 (1997)Cited 23 timesPublished
  • Bordelon v. Franklin Township, Unpublished Decision (12-13-2001)

    Ohio Court of Appeals · Dec 13, 2001

    of clearly established law and the information that he possessed. … defendant's conduct did indeed violate clearly established rights).

    Cited 0 timesUnpublished
  • JACOBS v. CUMBERLAND COUNTY

    District Court, D. New Jersey · Jun 4, 2019

    Callahan, 555 U.S. 223, 231 (2009) (“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 … Insomuch as the CO Defendants would like to invoke the doctrine of qualified immunity because their purported after-the-fact conspiratorial actions did not violate a then-clearly established constitutional right, that attempt

    Cited 0 timesUnknown
  • Melvin Alan Wood v. Michael Kesler, individually and in his capacity as an Alabama State Trooper, Brian Jones

    323 F.3d 872 · Court of Appeals for the Eleventh Circuit · Mar 4, 2003

    General Principles “Qualified immunity offers complete protection for government officials sued in their individual capacities if their conduct ‘does not violate clearly established statutory or constitutional rights … “If no constitutional right would have been violated were the allegations established, there is no necessity for further inquiries concerning qualified immunity.” Saucier, 533 U.S. at 201.

    Cited 371 timesPublished

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