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933 F.3d 696 · Court of Appeals for the Seventh Circuit · Aug 1, 2019
for qualified immun- ity. … Qualified Immunity Qualified immunity is a doctrine that “protects govern- ment officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or con- stitutional rights
Cited 147 timesPublishedDillon 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 timesPublishedHollis Larson v. Minnesota Sex Offender Program
Court of Appeals for the Eighth Circuit · Oct 7, 2024
immunity. … City of Duluth, 713 F.3d 1155, 1157 (8th Cir. 2013) (qualified immunity shields government officials from liability in a section 1983 action unless the official’s conduct violates a clearly established constitutional or statutory
Cited 0 timesUnpublished225 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 timesPublished165 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 timesPublishedDistrict 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 timesUnknownMarshall 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 timesPublishedWilliams v. Mississippi Department of Public Safety
District Court, S.D. Mississippi · Jul 7, 2025
Reaching only the first element, the Court finds Williams has not sufficiently rebutted qualified immunity “by establishing that [Tindell’s] allegedly wrongful conduct violated clearly established law.” , 117 F.3d … Reaching only the first element, the Court finds Williams has not sufficiently rebutted qualified immunity “by establishing that [Tindell’s] allegedly wrongful conduct violated clearly established law.” , 117 F.3d at 872
Cited 0 timesUnknownThomas 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 timesPublishedKelly 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 timesUnpublishedCunningham 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 timesPublished219 F. Supp. 3d 645 · District Court, S.D. Ohio · Nov 7, 2016
The Court “review[s] an assertion of qualified immunity to determine only whether the complaint ‘adequately alleges the commission of acts that violated clearly established law.’ ” Back v. … Majarian is entitled to qualified immunity because Doe has stated no specific allegations that Majarian violated clearly established law by failing to disclose key impeachment evidence.
Cited 109 timesPublishedCourt 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 timesPublishedMarques 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 timesPublished687 F. App'x 587 · Court of Appeals for the Ninth Circuit · Apr 18, 2017
Qualified immunity should not be available to Defendant Heather Smith for violating Marble’s clearly established due process right to question the witness upon which the allegation of a parole violation was based. … His clearly established right to a hearing was effectively vitiated. Applying the doctrine of qualified immunity in this situation serves no legitimate purpose.
Cited 0 timesUnpublished980 F.3d 1292 · Court of Appeals for the Ninth Circuit · Nov 20, 2020
the Guard One system. 7 The district court denied qualified immunity to the remaining nine defendants, finding that Rico had a clearly established right to be free from sleep deprivation caused by excessive noise. … a clearly established right.
Cited 64 timesPublished966 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 timesPublishedDistrict Court, S.D. West Virginia · Dec 13, 2019
Qualified Immunity Although qualified immunity is expansive, a government official “who performs an act clearly established to be beyond the scope of his discretionary authority” is not entitled … Qualified Immunity In contrast to Count One, Count Three involves a public employer’s well-established authority to limit employees’ speech, so qualified immunity applies.
Cited 0 timesUnknownDistrict Court, S.D. Ohio · Aug 27, 2019
Under the doctrine of qualified immunity, “‘government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory … City of Troy, 247 F.3d 633, 641 (6th Cir. 2001) (“This circuit has held that the right to be free from excessive force . . . is a clearly established right for purposes of the qualified immunity analysis.”).
Cited 0 timesUnknownJack Harris, II v. City of Roseburg, Municipal Corporation, John Miller and Les Bergman
664 F.2d 1121 · Court of Appeals for the Ninth Circuit · Dec 28, 1981
Strickland, 420 U.S. 308, 321-22 , 95 S.Ct. 992, 1000-1001 , 43 L.Ed.2d 214 (1975), the Court held that the qualified immunity granted to public officials requires elements of both “objective” and “subjective” good faith. … Strickland rule, the immunity defense would be unavailing to petitioners if the constitutional right allegedly infringed by them was clearly established at the time of their challenged conduct, if they knew or should have
Cited 181 timesPublished
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