Case law

Opinions from 1658 to today.

10,000+ results

3.06s

  • Jones v. Treubig

    963 F.3d 214 · Court of Appeals for the Second Circuit · Jun 26, 2020

    The Qualified Immunity Standard Qualified immunity protects government officials from civil damages liability “insofar as their conduct does not violate clearly established statutory or constitutional rights of which … Notwithstanding that the focus of this appeal is the use of a taser, not pepper spray, we have warned that “[a]n officer is not entitled to qualified immunity on the grounds that the law is not clearly established every

    Cited 106 timesPublished
  • Jack 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
  • Rubeor v. Town of Wright

    191 F. Supp. 3d 198 · District Court, N.D. New York · Jun 8, 2016

    Was the Right Clearly Established The second step in qualified immunity analysis is to determine whether the constitutional or statutory right was clearly established at the time that it was violated. … Therefore, the constitutional right in question was not clearly established, and individual Defendants are entitled to qualified immunity.

    Cited 6 timesPublished
  • Wilson v. Osborn

    District Court, N.D. Ohio · Dec 9, 2022

    Qualified Immunity Osborn argues that she is entitled to summary judgment with respect to both of Wilson’s claims on the basis of qualified immunity.13 The qualified immunity … “[A]n arresting [officer] is entitled to qualified immunity if he or she could reasonably (even if erroneously) have believed that the arrest was lawful, in light of clearly established law and the information possessed

    Cited 0 timesUnknown
  • Keith Hardesty v. Waterworks District 4 of Ward

    621 F. App'x 771 · Court of Appeals for the Fifth Circuit · Jul 14, 2015

    “[A] defendant cannot be said to have violated a clearly established right unless the right’s misconduct through the lens of the “objective reasonableness”/”clearly established law” prong of the qualified immunity analysis … the Board Defendants qualified immunity.

    Cited 15 timesUnpublished
  • Gutshall v. New Prime, Inc.

    196 F.R.D. 43 · District Court, W.D. Virginia · Jul 19, 2000

    The work product doctrine is not a "privilege,” but a sort of "qualified immunity” from discovery, originally established in Hickman v.

    Cited 13 timesPublished
  • Smith v. Harris

    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 … he sat restrained in handcuffs— was not clearly established at the time of the incident.

    Cited 0 timesUnknown
  • Purvis v. Oest

    614 F.3d 713 · Court of Appeals for the Seventh Circuit · Aug 2, 2010

    In a qualified-immunity setting, the plaintiff bears the burden of showing that the constitutional right alleg- edly violated was clearly established at the time of the challenged conduct. See Landstrom v. Ill. … Oest is therefore entitled to qualified immunity. Despite being aware of the potential conflict of interest, Lunn and Vicini are also entitled to qualified immunity.

    Cited 72 timesPublished
  • Carrillo v. Rostro

    114 N.M. 607 · New Mexico Supreme Court · Aug 28, 1992

    Applying this proposition to a request for qualified immunity, we examine whether the opposing party has presented evidence to support a violation of clearly established law, so as to require a trial on the merits. … Finding that plaintiff had this clearly established right, however, does not quite dispose of the qualified-immunity issue in this case, because in order to determine whether defendants unconstitutionally infringed her right

    Cited 75 timesPublished
  • Ortega v. Reyna

    114 Nev. 55 · Nevada Supreme Court · Jan 22, 1998

    Under the qualified immunity doctrine, “government officials performing discretionary functions . . . are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or … The pertinent inquiry in determining whether an officer is entitled to qualified immunity for a Fourth Amendment violation is whether a reasonable officer could have believed his conduct lawful under the clearly established

    Abrogated in part, on other grounds by Martinez v. Maruszczak, 123 Nev. 433 (2007)Cited 27 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
  • 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
  • Constantine v. Rectors and Visitors of George Mason University

    411 F.3d 474 · Court of Appeals for the Fourth Circuit · Jun 13, 2005

    In the qualified-immunity context, the Supreme Court has stressed "the importance of resolving immunity questions at the earliest possible stage in litigation." Saucier v. … GMU waived whatever Eleventh Amendment immunity it had when it accepted federal funds under a statute that clearly and unambiguously conditioned receipt of such funds on a waiver of immunity.

    Cited 931 timesPublished
  • Irish v. State of ME

    849 F.3d 521 · Court of Appeals for the First Circuit · Mar 1, 2017

    come away understanding that it [wa]s not a clearly established violation of Ms. … Lewis, 648 F.3d 24, 32 (1st Cir. 2011) (qualified immunity protects officers from liability "insofar as their conduct does not violate clearly established . . . constitutional rights of which a reasonable

    Cited 33 timesPublished
  • MACK v. AVERTEST, LLC

    District Court, E.D. Pennsylvania · Apr 28, 2020

    Darrah would be entitled to qualified immunity if reasonable officials in her position “could have believed, in light of clearly established law, that their conduct comported with established legal standards.” … Supp. at 335 (“A qualified immunity only protects defendants if it can be shown that they did not violate any clearly established constitutional or statutory rights of which a reasonable person would have known.”

    Cited 0 timesUnknown
  • Greg Moore v. Sean Garnand

    83 F.4th 743 · Court of Appeals for the Ninth Circuit · Sep 29, 2023

    Because Plaintiffs fail to show that Defendants’ conduct violated clearly established law, Defendants are entitled to qualified immunity on the First Amendment claims. … “[I]n the absence of binding precedent, we look to whatever decisional law is available to ascertain whether the law is clearly established for qualified immunity purposes . . . .” Id.

    Cited 23 timesPublished
  • SWEENEY v. MULL

    District Court, S.D. Indiana · Jan 11, 2022

    Fletcher, 522 U.S. 118, 129–31 (1997) (prosecutor entitled to absolute immunity for preparing and filing documents, but not for personally swearing to the truth of facts establishing probable cause, which was the function … Litscher, 267 F.3d 648, 651–52 (7th Cir. 2001) (dismissal at pleading stage on qualified immunity grounds is often inappropriate because qualified immunity "usually depends" on the facts of the case).

    Cited 0 timesUnknown
  • Rockford Life Insurance v. Illinois Department of Revenue

    482 U.S. 182 · Supreme Court of the United States · Jun 8, 1987

    Davis is clearly lacking, and its absence is critical in view of the purposes behind the intergovernmental tax immunity doctrine. … H — < 1 — i A court must proceed carefully when asked to recognize an exemption from state taxation that Congress has not clearly established.

    Cited 51 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
  • Gawloski v. Dallman

    803 F. Supp. 103 · District Court, S.D. Ohio · Mar 16, 1992

    QUALIFIED IMMUNITY Prison officials performing discretionary duties are entitled to qualified immunity if their actions do not violate clearly established constitutional law of which a reasonable prison official would have … Once a defendant raises a qualified immunity argument in a motion for summary judgement, a plaintiff must satisfy a two prong test: “First, the allegations must state a claim of violation of clearly established law.

    Cited 5 timesPublished

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