Case law
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666 A.2d 95 · Supreme Judicial Court of Maine · Oct 19, 1995
“The two-part test for denial of qualified immunity is (1) whether the plaintiffs constitutional rights were violated, and (2) whether those rights were so clearly established that reasonable defendants would have known that … As we have recently stated, The application of the qualified immunity doctrine turns on the “objective legal reasonableness” of the official’s action viewed in fight of the “clearly established” legal rules at the time the
Cited 10 timesPublished171 P.3d 1070 · Wyoming Supreme Court · Dec 4, 2007
These undisputed facts establish that the Secret Service agents are entitled to qualified immunity. … Layland argues that Deputy Stevens is not entitled to qualified immunity because it was clearly established and a reasonable officer would have known that entry onto Mr.
Cited 5 timesPublishedDistrict Court, D. Maryland · Sep 30, 2019
Qualified Immunity Defendants also argue that they are entitled to qualified immunity from all of Poole’s claims.20 The doctrine of qualified immunity shields government officials … [qualified immunity] is effectively lost if a case is erroneously permitted to go to trial.” 20 Defendants do not argue why they are entitled to qualified immunity on a claim- by-claim basis.
Cited 0 timesUnknownDistrict Court, D. Connecticut · Oct 3, 2025
“Even in the absence of probable cause, a police officer is entitled to qualified immunity where (1) [his] conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would … See Weaver, 40 F.3d at 536–37 (recognizing that it was “clearly established [as early as] 1989 that police could not lawfully coerce incriminating statements from an in-person criminal suspect” and denying qualified immunity
Cited 0 timesUnknownShreve v. Jessamine County Fiscal Court
453 F.3d 681 · Court of Appeals for the Sixth Circuit · Jul 7, 2006
Shreve has provided sufficient evidence of a violation of her clearly established constitutional right against the use of excessive police force in the course of arrest, and qualified immunity is not warranted under Saucier … Moreover, because Sixth Circuit case law supports Shreve’s right not to be struck and jumped on gratuitously, qualified immunity is not available for lack of a “clearly established” right. See Saucier, 533 U.S. at 200.
Cited 12 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, 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 timesUnknown900 F. Supp. 2d 499 · District Court, M.D. Pennsylvania · Oct 16, 2012
Defendant Dillon is entitled to Qualified Immunity because it is not clearly established that failing to hold a pre-ejection hearing [for Adamo] is a deprivation of Due Process. 15. … Defendant Dillon is entitled to Qualified Immunity because it is not clearly established that failing to hold a pre-ejection hearing [for Gill] is a deprivation of due process. 23.
Cited 6 timesPublishedDistrict Court, W.D. Virginia · Nov 13, 2023
Qualified Immunity The Court therefore proceeds under the second prong of the qualified immunity analysis, and considers whether the right in question was “clearly established … qualified immunity.
Cited 0 timesUnknownDistrict Court, N.D. Illinois · Feb 21, 2020
“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. Pauly, --- U.S. ----, 137 S. … Minchuk, 910 F.3d 909, 918 (7th Cir. 2018) (“[A] dispute of fact regarding the circumstances surrounding an officer’s use of force may prevent us from determining whether an individual’s clearly established rights have
Cited 0 timesUnknownGARCIA v. Northside Independent School District
District Court, W.D. Texas · Jun 23, 2025
Unreasonable Seizure2 1 The Court’s analysis of the “clearly established” prong of the qualified immunity analysis is not limited to the cas- es cited by Plaintiff. See Elder v. … Marcantel, 567 F.3d (5th Cir. 2009) as clearly establishing that an officer should receive no qualified immunity if he “quickly escalate[s]” an encounter with a non-threatening, passively-resisting driver who posed little
Cited 0 timesUnknown256 Ariz. 77 · Court of Appeals of Arizona · Aug 1, 2023
¶37 Both federal and state qualified immunity require an analysis of whether Cardenas violated established law or unreasonably disregarded the unlawful nature of his conduct. … Those same conclusions—that Cardenas acted as a reasonable officer would and did not violate clearly established law—preclude the opposite finding in state court (i.e., a finding that Cardenas violated established law and
Cited 13 timesPublishedFlorida Highway Patrol, a division etc. v. Lashonta Renea Jackson, as Per. Rep. etc.
238 So. 3d 430 · District Court of Appeal of Florida · Feb 23, 2018
Reeves, 80 F.3d 1101, 1104 (6th Cir. 1996) (“Hunter established that the determination of whether qualified immunity applies to an officer’s judgment as to probable cause is one for the court, not the jury, to make”); Ansley … This appears to be the analysis undertaken by Judge Rothenberg in Pozos when she concluded that the record “clearly established” the legal question of sovereign immunity. Pozos, 42 Fla. L.
Cited 19 timesPublished6 S.W.3d 654 · Texas Court of Appeals, 8th District (El Paso) · Oct 28, 1999
Since qualified immunity turns on whether a defendant violated a clearly established right, a ‘necessary concomitant’ to that decision is determining ‘whether the plaintiff has asserted a violation of a constitutional right … WERE THE CONSTITUTIONAL STANDARDS CLEARLY ESTABLISHED?
Cited 22 timesPublishedDistrict Court, D. New Jersey · Nov 26, 2024
Step One of the Qualified Immunity Doctrine and Deliberate Indifference to Serious Medical Needs The two-prong test for qualified immunity considers whether the facts … Qualified immunity protects a government official from civil liability and suit “insofar as [his] conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known
Cited 0 timesUnknown1998 Colo. J. C.A.R. 1302 · Supreme Court of Colorado · Mar 23, 1998
any clearly established right. … to support a violation of a clearly established law.”
Cited 27 timesPublishedTrellus Richmond v. Mario J. Badia
47 F.4th 1172 · Court of Appeals for the Eleventh Circuit · Aug 22, 2022
Richmond further argues that Badia’s actions violated his clearly established rights, such that Badia’s qualified immunity defense fails. … “A right may be clearly established for qualified immunity purposes in one of three ways: (1) [Eleventh Circuit or Supreme Court] case law with indistinguishable facts clearly establishing the constitu- tional right; (2)
Cited 89 timesPublished864 F.3d 1205 · Court of Appeals for the Tenth Circuit · Jul 25, 2017
Even with this assumption, the two officials would enjoy qualified immunity unless the denial of outdoor exercise for two years and one month had violated a clearly established constitutional right. … established and the defendants are entitled to qualified immunity. d.
Cited 105 timesPublishedTygrett v. City and County of Denver a/k/a Denver Water
District Court, D. Colorado · Feb 26, 2020
Qualified Immunity The doctrine of qualified immunity protects from litigation a public official whose possible violation of a plaintiff’s civil rights was not clearly … that any constitutional violation was grounded in then- extant clearly established law.”
Cited 0 timesUnknownDistrict Court, N.D. Illinois · May 3, 2022
As to the second part of the qualified immunity analysis, the right Brown is accused of violating was clearly established long before the September 2017 fight that gave rise to this case. … violated a clearly established right.”).
Cited 0 timesUnknown
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