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Grix 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 timesPublishedSaenz v. G4S Secure Solutions (USA), Inc.
224 F. Supp. 3d 477 · District Court, W.D. Texas · Dec 20, 2016
“Therefore, a plaintiff seeking to overcome qualified immunity must show: (1) that the official violated a statutory or constitutional right, and (2) that the right was clearly established at the time of the challenged conduct … General Qualified Immunity Analysis Turning to whether Plaintiff has overcome Defendant Romero’s claim of qualified immunity, the Court must determine *483 whether (1) Plaintiff has alleged a violation of a clearly established
Cited 2 timesPublished154 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 timesPublishedFeis v. King County Sheriff's Department
165 Wash. App. 525 · Court of Appeals of Washington · Dec 19, 2011
Ed. 2d 836 (2006) (“The nub of qualified immunity is the need to induce officials to show reasonable initiative when the relevant law is not ‘clearly established’; a quick resolution of a qualified immunity claim is essential … established right so as to rebut *551 the officers’ assertion of qualified immunity.
Cited 1 timesPublished122 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 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 timesPublishedRobbins 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 timesPublished38 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 timesPublishedDistrict Court, D. Colorado · Aug 17, 2022
Defendant argues for dismissal of all claims on the grounds of qualified immunity, as Plaintiff fails to cite to clearly established law and cannot show that Defendant did not have reasonable suspicion. … CONCLUSION Defendant should be entitled to qualified immunity because he possessed reasonable suspicion, and Plaintiff has failed to cite to clearly established law.
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 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 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 timesUnknown126 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 timesPublished474 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 timesUnpublished933 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 timesPublished313 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 timesPublished870 P.2d 363 · Wyoming Supreme Court · Mar 15, 1994
The Court erroneously applied the law of qualified immunity, i.e. the law was not clearly established in 1990 that a state probationary employee had a property interest in continued employment, and Ap-pellee Dewey is therefore … Once a government *368 official asserts qualified immunity, the plaintiff in an action under 42 U.S.C.S. § 1983 bears the initial burden of convincing the court that the constitutional right was clearly established.
Cited 16 timesPublishedDistrict 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 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 timesUnknown
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