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  • Jonathan v. Nally

    178 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 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
  • Dickson v. City of Clovis

    148 N.M. 831 · New Mexico Court of Appeals · Apr 1, 2010

    It granted Defendant Parkin qualified immunity, determining that “there was no apparent violation of a clearly established constitutional right” because it was reasonable for Defendant Parkin to have been uncertain as to … , granted Defendant Parkin qualified immunity, which entitled him to summary judgment as a matter of law.

    Cited 18 timesPublished
  • Merrilee 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
  • Vania Minor, Individually and as Mother, Natural Guardian and Next Best Friend of D.A. v. State of Iowa, Becky Grabe, Individually and Cleo Hester, Individually

    819 N.W.2d 383 · Supreme Court of Iowa · Jun 15, 2012

    Accordingly, Grabe is entitled to qualified immunity as a matter of law for these alleged actions. 2. Whether Hester violated the clearly established constitutional rights of Minor or D.A. … Hester argues, however, that he is entitled to qualified immunity because Minor and D.A. failed to raise a genuine issue of material fact as to whether he violated D.A.’s clearly established constitutional right under

    Cited 41 timesPublished
  • Marson v. Thomason

    438 S.W.3d 292 · Kentucky Supreme Court · Apr 17, 2014

    His general duty to look out for the safety of the students is clearly discretionary in nature, and he is just as clearly entitled to qualified immunity. … Consequently, he does not have qualified immunity, and can be sued individually.

    Cited 92 timesPublished
  • Priest v. Grazier

    Court of Appeals for the Fifth Circuit · Jun 25, 2021

    “Qualified immunity protects government officials from civil liability in their individual capacity to the extent that their conduct does not violate clearly established statutory or constitutional rights.” … unlawfulness of the conduct was ‘clearly established at the time.’”

    Cited 0 timesUnpublished
  • Scott v. Godwin

    147 S.W.3d 609 · Texas Court of Appeals, 13th District · Aug 31, 2004

    Government officials performing *616 discretionary functions have qualified immunity from liability for actions that do not violate clearly established statutory or constitutional rights of which a reasonable person would … In conducting a qualified immunity analysis, the reviewing court first determines whether the plaintiff has alleged a violation of a clearly established constitutional right. See Siegert v.

    Cited 40 timesPublished
  • Benner v. Saint Paul Public Schools, I.S.D. 625

    District Court, D. Minnesota · May 6, 2019

    Gruenewald’s Qualified Immunity Defense With respect to Principal Gruenewald – the “individual defendant” – Defendants argue that, because there is no “clearly established legal right to be free … speech in these circumstances was clearly established”).

    Cited 0 timesUnknown
  • Parent Father Doe and Parent Mother Doe, Individually on their own behalf and as Parents and Next Friend for Minor Doe v. Western Dubuque Community School District, Jessica Pape, Dan Butler, and Scott Firzlaff, in their Official Capacities

    Supreme Court of Iowa · May 9, 2025

    Third, the plaintiff must plead “that the law was clearly established at the time of the alleged violation.” Id. … Do the people have a clearly established right, privilege, or immunity to be free from being rear-ended? T-boned? Side-swiped?

    Cited 0 timesPublished
  • Lambert v. RIVERBOAT GAMING ENFORC. DIV.

    706 So. 2d 172 · Louisiana Court of Appeal · Dec 29, 1997

    In support of their application, defendants contend that the trial court erred: (1) in ruling that defendants had established the qualified immunity defense, yet failing to grant their exception of no cause of action and … Accordingly, in Kyle , this court examined the pleadings to determine whether the plaintiff had set forth material facts therein which, if taken as true, showed that defendants had violated a clearly established right of

    Cited 33 timesPublished
  • Creamer v. Sceviour

    652 A.2d 110 · Supreme Judicial Court of Maine · Jan 12, 1995

    Qualified Immunity A plaintiff may maintain a section 1983 5 claim against governmental employees only if they are not entitled to qualified immunity. … 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 the defendants would have known that their

    Cited 14 timesPublished
  • Huffmier v. Hamilton

    30 Kan. App. 2d 1163 · Court of Appeals of Kansas · Oct 25, 2002

    established law.” … Second, was the constitutional right clearly established? See McCormick, 272 Kan. at 642 .

    Cited 14 timesPublished
  • Irwin v. Santiago

    District Court, N.D. Texas · Jan 8, 2021

    Nonetheless, because Irwin has not demonstrated that they violated clearly established law, the Court grants summary judgment to the Defendant–Officers based on qualified immunity.4 1. … The Defendant–Officers did not violate clearly established law.

    Cited 0 timesUnknown
  • Trellus 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 timesPublished
  • Florida 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 timesPublished
  • Morelli v. Webster

    552 F.3d 12 · Court of Appeals for the First Circuit · Jan 7, 2009

    Qualified Immunity. This case differs from a garden-variety summary judgment case because it involves the doctrine of qualified immunity. … Given this well-settled jurisprudence, there is no legitimate doubt that the right asserted here was clearly established.

    Cited 173 timesPublished
  • James v. Lee

    District Court, S.D. California · Aug 1, 2020

    Qualified Immunity 21 “Qualified immunity attaches when an official’s conduct does not violate clearly 22 established statutory or constitutional rights of which a reasonable … “Qualified immunity attaches when an official’s conduct does not violate 17 clearly established statutory or constitutional rights of which a

    Cited 0 timesUnknown
  • Bates v. Rowe

    District Court, N.D. Texas · Jun 27, 2023

    After the issue of qualified immunity is ' Defendants have each appeared in this case and asserted the affirmative defense of qualified immunity. (See Dkt. Nos. 32, 33, 34.) … .”); see also Backe, 691 F.3d at 648 (explaining that “this court has established a careful procedure under which a district court may defer its qualified immunity ruling if further factual development is necessary to

    Cited 0 timesUnknown
  • Herndon v. Henderson Police Department

    District Court, D. Nevada · Sep 23, 2023

    Defendants are nonetheless entitled to 8 qualified immunity because Plaintiff has not demonstrated that the right was clearly 9 established. … to be clearly established.

    Cited 0 timesUnknown

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