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  • 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
  • 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
  • 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
  • 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
  • Altshuler v. City of Seattle

    63 Wash. App. 389 · Court of Appeals of Washington · Nov 18, 1991

    Kitsap Cy., supra (police officers entitled to qualified immunity where nature and scope of plaintiffs' right to gather shellfish not clearly established); cf. Harper v. … To overcome a qualified immunity defense, a plaintiff must do more than identify a clearly established legal test and then allege that the defendant has violated it.

    Disapproved in part by Staats v. Brown, 139 Wash. 2d 757 (2000)Cited 14 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
  • 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
  • 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
  • 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
  • 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
  • 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
  • Emmanuel Mervilus v. Union County

    Court of Appeals for the Third Circuit · Jul 13, 2023

    Kaminskas Does Not Have Qualified Immunity. After holding Mervilus’s claim against Kaminskas failed, the District Court did not address qualified immunity. … Whetzel, 256 F.3d 120, 126 n.1 (3d Cir. 2001) (reaching qualified immunity on appeal from a decision that did not reach the issue); Est. of Smith v.

    Cited 0 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
  • 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
  • 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
  • Lucero v. Mathews

    901 P.2d 1115 · Wyoming Supreme Court · Aug 28, 1995

    Clearly Established Law Qualified immunity generally shields government officials performing discretionary functions from liability for civil damages when their conduct “ ‘does not violate clearly established statutory or … “In order to find qualified immunity, the objective legal reasonableness of a government official’s conduct is assessed in the light of the clearly established statutory or constitutional rights at the time of the action.

    Cited 16 timesPublished
  • In Re Iacono

    120 B.R. 691 · United States Bankruptcy Court, E.D. New York · Nov 2, 1990

    IRAs were originally established to ease the tax burden of employees that were not covered by a qualified pension plan as well as to encourage savings for retirement. … 10), retirement or other plan established by a corporation, which is qualified under section 401 of the U.S.

    Cited 24 timesPublished
  • Jared Armstrong v. Gerard Asselin

    734 F.3d 984 · Court of Appeals for the Ninth Circuit · Nov 1, 2013

    Defendants moved for summary judgment based on qualified immunity. … as a whole,” was obscene, and therefore the officers were not entitled to qualified immunity.

    Cited 18 timesPublished

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