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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 timesPublishedJack 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 timesPublished191 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 timesPublishedDistrict 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 timesUnknownKeith 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 timesUnpublished196 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 timesPublishedDistrict 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 timesUnknown614 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 timesPublished114 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 timesPublished114 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 timesPublished439 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 timesPublished980 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 timesPublishedConstantine 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 timesPublished849 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 timesPublishedDistrict 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 timesUnknown83 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 timesPublishedDistrict 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 timesUnknownRockford 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 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 timesPublished803 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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