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District 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 timesUnknown892 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 timesPublishedLeslie Atkinson v. Brent Godfrey
100 F.4th 498 · Court of Appeals for the Fourth Circuit · May 2, 2024
Under that prong, an officer is entitled to qualified immunity if, at the time of the challenged conduct, the law did not clearly establish that the officer’s conduct was unconstitutional. … Instead, under prong two of the qualified immunity analysis, we held that the constitutional rights Atkinson claimed Godfrey violated were not clearly established at the time of Godfrey’s conduct.
Cited 36 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 timesUnknown2021 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 timesPublishedDistrict Court, E.D. California · Mar 27, 2023
immunity. … that was clearly established at the time of Defendant’s alleged 14 misconduct).
Cited 0 timesUnknown122 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 timesPublishedBarnett 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 timesUnpublishedDistrict 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 timesUnknownChauncey Ziglar v. Diann Skiles and West Virginia Division of Corrections and Rehabilitation
Intermediate Court of Appeals of West Virginia · Dec 6, 2024
Therefore, to defeat a claim of qualified immunity, a plaintiff must show that the public official’s duties violated clearly established, and reasonably known legal authority prescribing a duty to act or that the public official … Ziglar has failed to make the required showing of a “clearly established, and reasonably known legal authority prescribing a duty to act” or that the actions or inactions of Ms.
Cited 0 timesPublishedEIVICH 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 timesUnknown551 F. Supp. 1247 · District Court, E.D. Pennsylvania · Nov 12, 1982
If the law was clearly established, the immunity defense ordinarily should fail, since a reasonably competent public official should know the law governing his conduct. … Under the Harlow standard, a government official is immune from suit if the law was not clearly established at the time of the official’s allegedly wrongful conduct.
Cited 16 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 timesPublishedMendoza 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 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 timesUnknownBreault v. CHAIRMAN OF BD, FIRE COMMR. OF SPRINGFIELD
401 Mass. 26 · Massachusetts Supreme Judicial Court · Oct 13, 1987
Creighton, 483 U.S. 635, 641 (1987) (principle of qualified immunity allows defendant to seek summary judgment on ground that, on "clearly established principles [of law]," he could have reasonably believed his acts to be … established rule of immunity.
Cited 35 timesPublished307 P.3d 894 · Alaska Supreme Court · Aug 16, 2013
Fitzgerald.17 Under this standard, qualified immunity shields public officials from civil liability “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … established.”27 In short, because Maness cannot show pursuant to his theory of liability that the troopers violated any of his clearly established rights, the troopers are protected by qualified immunity from Maness’s excessive
Cited 20 timesPublished178 Vt. 222 · Supreme Court of Vermont · Jul 22, 2005
The officers moved to dismiss the complaint on the basis of qualified immunity, asserting that they had not violated any clearly established federal law or state rights. … Furthermore, once the issue was raised, Sprague had the burden to rebut the qualified immunity defense “by establishing that the official’s allegedly wrongful conduct violated clearly established law.
Cited 20 timesPublished565 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 timesPublishedMerrilee Berge, V. Kitsap County
Court of Appeals of Washington · Jul 11, 2023
RECREATIONAL IMMUNITY 1. … See also Lockner, 190 Wn.2d at 532 (“To qualify for immunity under RCW 4.24.210, the landowner must establish that the land at issue was (1) open 5 No. 56865-9-II to
Cited 0 timesUnpublished
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