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  • Brown v. Jenne

    122 So. 3d 881 · District Court of Appeal of Florida · Aug 1, 2012

    Qualified Immunity Standard “ ‘Qualified immunity shields government officials from liability for civil damages for torts committed while performing discretionary duties unless their conduct violates a clearly established … As to the second determination for qualified immunity, the Thompson court found that the excessiveness of the force was clearly established at the time of the incident, which in Thompson occurred in 1998.

    Cited 1 timesPublished
  • Roberts v. Swain

    126 N.C. App. 712 · Court of Appeals of North Carolina · Jul 15, 1997

    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 … However, qualified immunity could operate to shield Swain and McCracken from plaintiff’s damages suit “if ‘a reasonable officer could have believed’ ” plaintiff’s arrest “ ‘to be lawful, in light of clearly established law

    Cited 13 timesPublished
  • Tygrett 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 timesUnknown
  • 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
  • Matthews v. Rakiey

    38 Mass. App. Ct. 490 · Massachusetts Appeals Court · May 5, 1995

    (b) Clearly established right. We must next inquire whether the defendant’s conduct nonetheless violated a clearly established right of the plaintiff. … Since the defendant’s actions were discretionary and they did not violate any clearly established rights of the plaintiff, qualified immunity was warranted.

    Cited 23 timesPublished
  • Robert Bardo v. K. Clendenin

    474 F. App'x 673 · Court of Appeals for the Ninth Circuit · Jul 23, 2012

    The district court properly held that defendant prison officials were entitled to qualified immunity because Bardo did not have a clearly established First Amendment right to retain the ad depicting side-view nudity. … Pelzer, 536 U.S. 730, 739 (2002) (“For a constitutional right to be clearly established, its contours must be sufficiently clear that a reasonable official would understand that what he is doing violates that right.”

    Cited 1 timesUnpublished
  • EIVICH v. EAST GREENWICH TOWNSHIP

    District Court, D. New Jersey · Aug 12, 2025

    Beyond reciting the standard for qualified immunity and reiterating their argument as to why the excessive force should be dismissed, defendants do not expressly argue how or why Robostello is entitled to qualified immunity … Callahan, 555 U.S. 223, 231 (2009) (“The doctrine of qualified immunity protects government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional

    Cited 0 timesUnknown
  • Maini v. Town of Norton

    District 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 timesUnknown
  • Barnett v. Mount Vernon Police Department

    523 F. App'x 811 · Court of Appeals for the Second Circuit · May 3, 2013

    The defense will succeed only where entitlement to qualified immunity can be established “based [solely] on facts appearing on the face of the complaint.” McKenna v. Wright, 386 F.3d 432, 436 (2d Cir. 2004). … The existence of either actual probable cause or arguable probable cause establishes qualified immunity from a false arrest claim, see Savino, 331 F.3d at 76; therefore, the sole issue on this appeal is whether the defendants

    Cited 33 timesUnpublished
  • Leonard 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 timesUnknown
  • 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
  • Messerschmidt v. Millender

    565 U.S. 535 · Supreme Court of the United States · Feb 22, 2012

    “The doctrine of 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 … the legal rules that were ‘clearly established’ at the time it was taken.”

    Cited 800 timesPublished
  • Turner v. Thomas

    313 F. Supp. 3d 704 · District Court, W.D. Virginia · May 29, 2018

    Because I find this duty is not "clearly established," his claims are barred by qualified immunity. … Qualified Immunity The individual Defendants argue they are entitled to qualified immunity, a doctrine that protects government officials from damages lawsuits when their actions did not violate clearly established law.

    Cited 10 timesPublished
  • Hubbard v. Stout

    District 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 timesUnknown
  • McClellan 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 timesUnknown
  • 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
  • Wyoming State Hospital and State of Wyoming v. Mary Romine and Donald Romine, as Guardians and Conservators for and On Behalf of Justina Case, Their Ward

    2021 WY 47 · Wyoming Supreme Court · Mar 25, 2021

    law was clearly established and whether the defendant’s conduct was proscribed by such clearly established law without reviewing the merits of the case. … The nub of qualified immunity is the need to induce officials to show reasonable initiative when the relevant law is not “clearly established,” Harlow v.

    Cited 13 timesPublished
  • Mendoza v. City of West Covina

    206 Cal. App. 4th 702 · California Court of Appeal · May 8, 2012

    The qualified immunity rule shields public officers from section 1983 actions unless the officer has violated a clearly established constitutional right. … The Saucier court established a two-step procedure for determining whether a defendant’s conduct was entitled to qualified immunity.

    Cited 67 timesPublished
  • Apothio, LLC v. Kern County

    District Court, E.D. California · Mar 27, 2023

    immunity. … that was clearly established at the time of Defendant’s alleged 14 misconduct).

    Cited 0 timesUnknown
  • Clark v. Stone

    District 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 timesUnknown

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