Case law
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276 Wis. 2d 679 · Court of Appeals of Wisconsin · Sep 16, 2004
given right was clearly established." … clearly established.
Cited 2 timesPublished400 N.W.2d 350 · Court of Appeals of Minnesota · Feb 10, 1987
This appeal is from an order denying summary judgment and rejecting appellants’ qualified immunity defense. … clearly established statutory or constitutional rights of which a reasonable person would have known.
Cited 5 timesPublishedDistrict Court, S.D. Ohio · Dec 12, 2024
“To show that the official violated a ‘clearly established’ right, the plaintiff must ‘define with specificity the clearly established legal rule that the officers allegedly violated.’” Paul v. Whitley Cnty. Det. … In response to Defendant’s claim to qualified immunity, Plaintiff cites no case law that would tend to show Dunaway violated Plaintiff’s clearly established right to not be handcuffed like he was.
Cited 0 timesUnknownErika Mabes v. Shannon Thompson
136 F.4th 697 · Court of Appeals for the Seventh Circuit · Apr 28, 2025
Both sets of defendants invoked qual- ified immunity, contending that their actions did not violate the Mabeses’ clearly established rights. … Thompson’s en- titlement to qualified immunity naturally follows from the Mabeses’ failure to carry their “burden of demonstrating the violation of a clearly established right.” Forman v.
Cited 16 timesPublished168 F. Supp. 3d 1265 · District Court, S.D. California · Mar 2, 2016
Qualified Immunity The Supreme Court recently summarized the doctrine of qualified immunity. … conduct is clearly established.”
Cited 3 timesPublished165 Vt. 515 · Supreme Court of Vermont · Oct 18, 1996
They also argued that their actions were protected by qualified immunity. … Based on an objective standard, defendants did not violate any clearly established rights of plaintiff.
Cited 41 timesPublishedJeffrey Mannoia v. David G. Farrow, Detective
476 F.3d 453 · Court of Appeals for the Seventh Circuit · Feb 7, 2007
In Saucier, the Supreme Court established a two-part test for resolving the issue of qualified immunity. … “Consulting a prosecutor may not give an officer absolute immunity ... but it goes far to establish qualified immunity.” Kijonka v. Seitzinger, 363 F.3d 645, 648 (7th Cir.2004).
Cited 49 timesPublished185 A.3d 1026 · Superior Court of Pennsylvania · May 1, 2018
As described by the United States Supreme Court: The doctrine of qualified immunity protects government officials “from liability for civil damages insofar as their conduct does not violate clearly established … Pearson’s description of qualified immunity as providing immunity from suit, rather than a mere defense to liability, describes this situation.
Cited 12 timesPublished217 F.3d 332 · Court of Appeals for the Fifth Circuit · Jun 30, 2000
immunity grounds, claiming that his conduct did not violate any of Plaintiffs’ clearly established constitutional or statutory rights. … Equal Protection The first step in qualified immunity analysis is to determine whether the plaintiff has alleged a “violation of a clearly established constitutional right.” Hare v.
Cited 54 timesPublished179 F.3d 57 · Court of Appeals for the Second Circuit · Jun 10, 1999
“The defense of qualified immunity shields government officials from civil liability if the official’s conduct did not violate constitutional rights that were clearly established at the pertinent time or if it was objectively … Instead, they contend that their activities raise a public concern under clearly established law and that Johnson is therefore not entitled to qualified immunity. See infra.
Cited 38 timesPublishedGeraldine Nicholson v. Miguel Gutierrez
935 F.3d 685 · Court of Appeals for the Ninth Circuit · Aug 21, 2019
Once a defendant has raised qualified immunity as a defense to a claim, a plaintiff must show “(1) that the right was violated; and (2) that the right was clearly established at the time of the alleged misconduct.” … Even if a constitutional violation occurred, qualified immunity nevertheless applies unless the violation was clearly established.
Cited 116 timesPublishedLinda J. Clifford v. MaineGeneral Medical Center
91 A.3d 567 · Supreme Judicial Court of Maine · Apr 22, 2014
of qualified immunity is (1) whether the plaintiff’s constitutional rights were violated, and (2) whether those rights were so clearly established that reasonable defendants would have known that their specific actions … Lyons, 666 A.2d at 99; see Webb, 1999 ME 74, ¶ 8, 728 A.2d 1261 (stating that qualified immunity shields government officials from civil liability under section 1983 if their conduct does not violate clearly established
Cited 15 timesPublished37 F.4th 278 · Court of Appeals for the Fifth Circuit · Jun 16, 2022
Qualified immunity allows law enforcement officers to avoid personal liability and the burdens of defending suit unless their conduct violates a clearly established constitutional right. … “Because nonprecedential opinions do not establish any binding law for the circuit, they cannot be the source of clearly established law for qualified immunity analysis.” Marks v.
Cited 58 timesPublished844 F. Supp. 391 · District Court, M.D. Tennessee · Feb 17, 1994
The appropriate standard is taken to be whether disputes clearly exist with regard to material facts on which the qualified immunity defense is based or whether, on the undisputed facts, qualified immunity is clearly unjustified … In such a case, granting summary judgment on qualified immunity grounds is clearly inappropriate.
Vacated in part by Dickerson v. McClellan, 37 F.3d 251 (1994)Cited 5 timesPublishedDesiree Martinez v. Channon High
91 F.4th 1022 · Court of Appeals for the Ninth Circuit · Jan 26, 2024
The panel nevertheless held that Officer High was entitled to qualified immunity because it was not clearly established in 2013 that Officer High’s conduct violated Martinez’s substantive due process rights. … based on the lack of any clearly established law.
Cited 26 timesPublishedYoungstown v. Carrier Servs. Group, Inc.
2026 Ohio 1032 · Ohio Court of Appeals · Mar 25, 2026
qualified immunity claim. … .): Qualified immunity shields a government official from civil liability unless (1) the official violated a statutory or constitutional right and (2) that right was “clearly established” at the
Cited 0 timesPublished607 F. App'x 561 · Court of Appeals for the Seventh Circuit · Apr 22, 2015
immunity. … It has never been clearly established that inmates have a right to inmate-led group worship under the First Amendment.
Cited 29 timesUnpublishedDistrict Court, E.D. Michigan · Jun 11, 2025
The Sixth Circuit panel went on to hold that Plaintiff overcame Defendant’s qualified immunity defense, because it is clearly established that an individual must have a hearing before being deprived of a significant … Violation of Clearly Established Constitutional Rights Defendant asserts that he is entitled to qualified immunity.
Cited 0 timesUnknown998 F.3d 165 · Court of Appeals for the Fifth Circuit · May 18, 2021
The doctrine of qualified immunity protects public officials from suit and liability for damages under § 1983 unless their conduct violates a clearly established constitutional right. Mace v. … This is true “even when . . . a court decides only the clearly-established prong of the [qualified immunity] standard.” Tolan v. Cotton, 572 U.S. 650, 657 (2014).
Cited 90 timesPublished284 U.S. 141 · Supreme Court of the United States · Nov 23, 1931
, and also that the lack of state power to give witnesses protection against federal prosecution does not defeat a. state immunity statute. … The principle established is that full and complete immunity against prosecution by the government compelling the witness, to answer is equivalent to the protection furnished by the rule agáinst compulsory self-incrimination
Overruled on other grounds by Murphy v. Waterfront Commission of New York Harbor, 378 U.S. 52 (1964)Cited 198 timesPublished
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