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639 F.3d 1206 · Court of Appeals for the Ninth Circuit · May 5, 2011
The second question is whether the right was “clearly established.” Id. at 202. … A plaintiff can sur- vive summary judgment on a defendant’s claim of qualified immunity only “if the plaintiff can both establish a substantial showing of a deliberate falsehood or reckless disregard and establish that, without
Cited 62 timesPublished338 F.3d 23 · Court of Appeals for the First Circuit · Feb 11, 2003
Qualified immunity is available to the defendants if, at the time of the alleged violations, the law was not clearly established. See id. … The law was clearly established for purposes of qualified immunity. 3.
Cited 0 timesPublished74 Md. App. 331 · Court of Special Appeals of Maryland · Jun 24, 1988
[emphasis added, bracketed material in original] As was clearly stated by the Court in Moore v. … The emphasized portion of that statement is simply another way of saying that, in a case involving complex medical procedures or the exercise of professional skill and judgment, a jury is not qualified to determine whether
Cited 16 timesPublishedGrix v. Florida Fish & Wildlife Conservation Commission
821 So. 2d 315 · District Court of Appeal of Florida · May 22, 2002
The court also found that qualified immunity shielded the officer from. liability under section 1983 because he did not violate a clearly established law concerning proper.net measurements when stopping and detaining appellant … Therefore, Millender did not “clearly establish” the method of measuring such nets.
Cited 1 timesPublishedDistrict Court, D. Massachusetts · Aug 28, 2023
Katz, 533 U.S. 194 (2001), a qualified immunity case involving allegations of the excessive use of force in restraining an unruly crowd of demonstrators protesting an appearance by the Vice President, the Supreme Court … Isbell, 207 F.3d 1253, 1257 (11th Cir. 2000) (trial court erred in refusing to grant qualified immunity where plaintiff despite being held against a van in a knee hold while being handcuffed could point to nothing more
Cited 0 timesUnknownLeonard v. St. Charles County Police Department
District Court, E.D. Missouri · Nov 5, 2021
The doctrine of qualified immunity shields officials from civil liability when their conduct “does not violate clearly established statutory or constitutional rights of which a reasonable person would have … Further, to overcome qualified immunity, precedent must have clearly established that each Individual Defendant’s own actions “in the particular circumstances” at issue violated Plaintiff’s Fourth Amendment rights.
Cited 0 timesUnknownJefferson County Fiscal Court v. Peerce
132 S.W.3d 824 · Kentucky Supreme Court · Feb 23, 2004
is inapplicable to his § 1983 claims and qualified immunity does not protect the individually-named official Appellants because their actions clearly violated Appellee’s well-established statutory and constitutional rights … Conversely, if the official’s actions violated a clearly established right or law, the immunity is lost and the official is hable for the violation.
Cited 46 timesPublishedDistrict Court, W.D. Arkansas · Apr 23, 2018
Defendants are therefore not entitled to qualified immunity. Jones v. … Having found that the facts do not make out a constitutional violation, Defendants are entitled to qualified immunity. See, e.g., Krout v.
Cited 0 timesUnknownMcClellan v. Chippewa, County of
District Court, W.D. Michigan · Oct 7, 2022
Sept. 8, 2022) (“A single district court opinion is not enough to pronounce a right is clearly established for purposes of qualified immunity.”) (citing Hall v. Sweet, 666 F. … Greene, 563 U.S. 692, 709 n.7 (2011) (“Many Courts of Appeals . . . decline to consider district court precedent when determining if constitutional rights are clearly established for purposes of qualified immunity.”).
Cited 0 timesUnknownA. D. v. State of Calif. Highway Patrol
712 F.3d 446 · Court of Appeals for the Ninth Circuit · Apr 3, 2013
The Court then rejected the notion that the law, defined at such a level of generality, was “clearly established” for qualified immunity purposes. … Markgraf is not entitled to qualified immunity, because Plaintiffs have shown that he violated the foregoing clearly established law.
Cited 146 timesPublishedIan Tuuamalemalo v. Shahann Greene
946 F.3d 471 · Court of Appeals for the Ninth Circuit · Dec 24, 2019
established law, whether the law clearly proscribed the actions the defendant claims he took. … Scott moved for summary judgment based on qualified immunity.
Cited 86 timesPublished477 N.W.2d 176 · North Dakota Supreme Court · Nov 12, 1991
action is a violation) violates a clearly established right. … When a court is faced with a motion for summary judgment based on qualified immunity, the court must first determine whether or not the alleged conduct of the defendant was violative of "clearly established" law.
Cited 11 timesPublishedDistrict Court, E.D. California · Mar 27, 2023
immunity. … that was clearly established at the time of Defendant’s alleged 14 misconduct).
Cited 0 timesUnknownDistrict Court, W.D. Virginia · Sep 13, 2021
The doctrine of qualified immunity shields government officials from civil damages liability “so long as their conduct ‘does not violate clearly established statutory or constitutional rights of which a … To determine whether the law was clearly established for qualified immunity purposes, a court “‘ordinarily need not look beyond the decisions of the Supreme Court, [the] court of appeals, and the highest court of the state
Cited 0 timesUnknown963 F.3d 259 · Court of Appeals for the Second Circuit · Jun 29, 2020
Accordingly, the District Court denied Defendants qualified immunity for conduct alleged to have occurred after Helling, decided on June 18, 1993, finding the right to be clearly established as of that date. … In denying defendants qualified immunity on this claim, we first noted that a prisoner’s right to a meaningful opportunity for physical exercise had been clearly established since 1985. Id. at *6 (citing Anderson v.
Cited 151 timesPublishedSossamon v. Lone Star St Texas
Court of Appeals for the Fifth Circuit · Mar 17, 2009
As for the individual-capacity claims for damages under the First Amendment, we note that the defendants who Sossamon sued enjoy qualified immunity as government actors.76 Whether Sossamon could establish a violation of the … Pelletier, 516 U.S. 299, 205-06 (1996) (“[T]he qualified immunity defense shield[s] [government agents] from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional
Cited 0 timesPublished892 F.3d 1116 · Court of Appeals for the Tenth Circuit · Jun 12, 2018
See Riggins, 572 F.3d at 1107 (noting that to overcome qualified-immunity defense, “plaintiff must demonstrate . . . that the right was clearly established at the time of the alleged unlawful activity” (emphasis added)). … Nevertheless, Durborow is entitled to qualified immunity unless Perry can also show that the law was clearly established at the time of the constitutional violation. Riggins, 572 F.3d at 1107. B.
Cited 158 timesPublishedDistrict Court, W.D. Kentucky · Jul 28, 2020
In the qualified immunity context, when determining whether a right is truly clearly established, a court must consider the “specific context of the case” and avoid construing rights too generally. Saucier v. … It is enough that such a right, even if it does exist in the Sixth Circuit, is not clearly established. Accordingly, Defendants are entitled to qualified immunity on this claim.
Cited 0 timesUnknown154 F.3d 30 · Court of Appeals for the Second Circuit · Aug 19, 1998
Pelletier, 516 U.S. 299, 309 , 116 S.Ct. 834 , 133 L.Ed.2d 773 (1996)), and proceed to consider whether the qualified immunity defense is established as a matter of law. 4 Here the gravamen of Kapica’s qualified immunity … As a result, his qualified immunity defense is established as a matter of law. (2) Accordingly, we vacate so much of the district court’s order of May 9, 1997 as denied Kapica’s motion for summary judgment based on qualified
Cited 56 timesPublished4 F.3d 653 · Court of Appeals for the Eighth Circuit · Sep 13, 1993
The defendants then moved for summary judgment, arguing that they were protected by qualified immunity. … “Qualified immunity protects government officials from ‘liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have
Cited 10 timesPublished
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