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  • Robbins v. Bureau of Land Management

    252 F. Supp. 2d 1286 · District Court, D. Wyoming · Mar 21, 2003

    Qualified Immunity. … A federal employee is entitled to qualified immunity if his conduct was objectively reasonable in light of the clearly established rights at issue.

    Cited 6 timesPublished
  • United States v. Howard Taylor

    728 F.2d 930 · Court of Appeals for the Seventh Circuit · Apr 12, 1984

    Because this testimony clearly indicated to the jury that the bank was federally insured on August 7, 1981, the date of the robbery, it satisfied the proof requirement established in Shively and Knop . … a defense witness was clearly dictum. 6 .

    Cited 49 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
  • Jeffrey Leiser v. Karen Kloth

    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 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
  • 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
  • Williams 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 timesUnknown
  • 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
  • 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
  • Doe v. Ohio State University

    219 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 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
  • Jorge Rico v. Clark Ducart

    980 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 timesPublished
  • Durstein v. Alexander

    District 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 timesUnknown
  • Brown v. Venable

    District 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 timesUnknown
  • Cody Marble v. Heather Smith

    687 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 timesUnpublished

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