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  • Thomas Cress v. Carmen Palmer, Warden, Riverside Correctional Facility

    484 F.3d 844 · Court of Appeals for the Sixth Circuit · Apr 5, 2007

    The district court concluded that because the Supreme Court has not clearly established that post-conviction destruction is a due process violation, the petitioner’s claim in this regard could was not cognizable on federal … Clearly, it is a burden that the petitioner in this case has not been able to carry successfully. III.

    Cited 231 timesPublished
  • Levinsky v. Diamond

    151 Vt. 178 · Supreme Court of Vermont · Feb 17, 1989

    So, too, we find that none of the alleged actions by the assistant attorneys general violated clearly established laws or rights, and we thus conclude that they also meet the second prong of the qualified immunity test. … In addition, their appearance violated no clearly established rights of plaintiff.

    Overruled on other grounds by Muzzy v. State, 155 Vt. 279 (1990)Cited 61 timesPublished
  • Gallegos v. Vernier

    458 P.3d 533 · New Mexico Court of Appeals · Nov 19, 2018

    Comm’rs of Curry Cty., 7 2001-NMCA-065, ¶ 30, 130 N.M. 753, 31 P.3d 1027 (concluding that the 8 defendant officers were “not entitled to qualified immunity” where “the relevant 9 law was clearly established”). … We, therefore, conclude that Plaintiff has not met her burden to 10 overcome Defendant’s qualified immunity claim because she has not shown that 11 the right arguably violated was clearly established. 12 II.

    Cited 2 timesPublished
  • Gala v. The City of New York

    District Court, E.D. New York · Mar 11, 2021

    “[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 him … Instead, “[a] defendant pleading qualified immunity on a motion to dismiss is entitled to prevail if the allegations in the complaint fail to ‘state a claim of violation of clearly established law.’” McEvoy v.

    Cited 0 timesUnknown
  • Walker v. Clearfield County District Attorney

    413 F. App'x 481 · Court of Appeals for the Third Circuit · Jan 24, 2011

    The Supreme Court has held that when prosecutors perform investigatory functions, like determining whether there is probable cause to arrest a suspect, they are entitled only to qualified, and not absolute, immunity. … Thus, to the extent that Walker’s complaint concerns Shaw’s pre-indictment investigation of the allegations against Walker, Shaw is entitled only to qualified immunity.

    Cited 26 timesUnpublished
  • Picatti v. Miner

    165 Idaho 611 · Idaho Supreme Court · Sep 10, 2019

    rules that were clearly established at the time it was taken.” … Nevertheless, despite the need for a jury in this bifurcated process, the ultimate legal questions of clearly established rights, potential violations of those rights, and entitlement to qualified immunity must remain in

    Cited 3 timesPublished
  • Howlett v. Warren, City of

    District Court, E.D. Michigan · Sep 16, 2019

    Qualified immunity protects state actors from liability unless they violate “clearly established” federal law at the time they acted. Harlow v. Fitzgerald, 457 U.S. 800, 818 (1982). … Taking the second qualified immunity question first, Plaintiff had a clearly established constitutional right under the Equal Protection Clause not to be discriminated against by the City on the basis of race

    Cited 0 timesUnknown
  • Elwood v. County of Rice

    423 N.W.2d 671 · Supreme Court of Minnesota · May 6, 1988

    The test for immunity became whether the officials’ conduct violated “clearly established statutory or constitutional rights of which a reason *675 able person would have known.” … The court of appeals found the officers were not entitled to qualified immunity because plaintiffs’ rights under the Fourth Amendment were clearly established at the time of the incident. Creighton v. City of St.

    Cited 175 timesPublished
  • Talmadge McDonald Iii, a Minor, by His Mother and Next Friend, Glynis R. McDonald v. Patrick E. Haskins

    966 F.2d 292 · Court of Appeals for the Seventh Circuit · Jul 1, 1992

    Fitzgerald for determining qualified immunity, see 457 U.S. 800, 819 , 102 S.Ct. 2727, 2738 , 73 L.Ed.2d 396 (Í982) (whether an official is protected by qualified immunity depends upon the “objective legal reasonableness” … We agree with McDonald that Black clearly establishes that the force described in the complaint, if true, was constitutionally proscribed.

    Cited 171 timesPublished
  • Krites v. Wayne County Schools Career Center Board of Education

    District Court, N.D. Ohio · Mar 30, 2023

    “To avoid the shield of qualified immunity, a plaintiff must properly plead ‘facts showing (1) that the official violated a statutory or constitutional right, and (2) that the right was clearly established at the time of … Defendants assert that Defendant Crain4 “is entitled to qualified immunity from suit because Plaintiff failed to establish that her due process rights were violated.”

    Cited 0 timesUnknown
  • Marques A. Johnson v. James Dunn

    83 F.4th 896 · Court of Appeals for the Eleventh Circuit · Oct 2, 2023

    Dunn moved to dismiss Count I of both the initial and amended complaints on the ground that the doctrine of qualified immunity immunized him from suit. … established” prong of the qualified immunity analysis, I stop here and conclude that Officer Dunn is entitled to qualified immunity and that we need not address the first prong.

    Cited 0 timesPublished
  • Dillon Burnett v. Josh Griffith

    Court of Appeals for the Sixth Circuit · May 12, 2022

    Whether Sergeant Griffith is entitled to qualified immunity as a matter of law Qualified immunity shields government officials from civil-damages liability for violations of “clearly established statutory or constitutional … established” prong of the qualified-immunity analysis.

    Cited 0 timesPublished
  • Ochser v. Funk

    225 Ariz. 484 · Court of Appeals of Arizona · Sep 28, 2010

    Qualified immunity protects government officials from civil liability if a reasonable government official could have believed his actions to be lawful, in the light of clearly established law and the information he possessed … Officials are entitled to the protections of qualified immunity, unless “the law clearly proscribed the actions” that were taken. Mitchell v.

    Cited 2 timesPublished
  • Bisbal-Ramos v. City of Mayagüez

    467 F.3d 16 · Court of Appeals for the First Circuit · Oct 11, 2006

    A public officer is not entitled to qualified immunity if he violated a plaintiff's constitutional right and if, at the time of the violation, the right was so clearly established that it would have been clear to a reasonable … It was clearly established by Branti v.

    Cited 54 timesPublished
  • KEITH v. VANDINE

    District Court, S.D. Indiana · Aug 22, 2022

    Callahan, 555 U.S. 223, 236 (2009) ("[C]ourts may grant qualified immunity on the ground that a purported right was not 'clearly established' by prior case law, without resolving the often more difficult question whether … "Qualified immunity attaches when an official's conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known." White v.

    Cited 0 timesUnknown
  • Marshall v. County of San Diego

    238 Cal. App. 4th 1095 · California Court of Appeal · Jul 22, 2015

    The defense of qualified immunity "A government official sued under [section] 1983 is entitled to qualified immunity unless the official violated a statutory or constitutional right that was clearly established … immunity unless they violated a "clearly established" constitutional right.

    Cited 19 timesPublished
  • Kelly McSean v. Chris Chamberlain

    Court of Appeals for the Eighth Circuit · Aug 14, 2024

    Foote, 782 F.3d 968, 969-70 (8th Cir. 2015) (complaint may be sua sponte dismissed on preservice screening based on qualified-immunity defense if it is established on face of complaint); cf. … Beard, 97 F.4th at 1115-16 (affirming denial of qualified immunity on unreasonable-search claim because it was clearly established that a degrading, humiliating, or abusive strip search of an arrestee violated the Fourth

    Cited 0 timesUnpublished
  • Cunningham ex rel Gaines v. Baltimore Cnty.

    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 0 timesPublished
  • Rick Plemmons v. J.T. Roberts, Pulaski County Sheriff the County of Pulaski, Missouri Ronald Jones Michael Gibbens

    439 F.3d 818 · Court of Appeals for the Eighth Circuit · Mar 3, 2006

    The doctrine of qualified immunity protects governmental officials from civil liability when “ ‘their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have … was one of clearly established law.

    Cited 33 timesPublished
  • Back v. Schrader

    Court of Appeals for the Sixth Circuit · Aug 11, 2008

    But the court denied the defendants’ request for qualified immunity on Back’s political-affiliation claims, holding that Back had adequately alleged a clearly established constitutional violation. … P. 12(b)(6), so we review an assertion of qualified immunity to determine only whether the complaint “adequately alleges the commission of acts that violated clearly established law,” Mitchell v.

    Cited 0 timesPublished

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