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District 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 timesPublishedKevin Laury v. Matthew Rodriguez
659 F. App'x 837 · Court of Appeals for the Sixth Circuit · Aug 25, 2016
Actions on the Ground Price’s actions following the initial takedown are similarly not entitled to qualified immunity. … show that there was a constitutional violation and that the right at issue was clearly established.
Cited 22 timesUnpublishedDistrict Court, N.D. California · Apr 13, 2020
A court considering a claim of 8 qualified immunity must determine whether the plaintiff has alleged the deprivation of an actual 9 constitutional right and whether such right was clearly established, such that it would … Even if the 17 allegations of the complaint are sufficient to state a claim for violation of § 5301, defendants are 18 entitled to qualified immunity because of the lack of clearly established law. 19 In Nelson
Cited 0 timesUnknownDistrict Court, N.D. Texas · Mar 24, 2022
Motions on Qualified Immunity Second, the remaining defendants who have already appeared? … See 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 ascertain
Cited 0 timesUnknownNina J. Lechiara v. Gary M. Gaskins Kenneth L. Gorby Stephen R. Dolly Geraldine Floyd
866 F.2d 1416 · Court of Appeals for the Fourth Circuit · Mar 23, 1989
Second, each of the defendants was immune from Sec. 1983 liability for his actions. Stump v. Sparkman, 435 U.S. 349 (1978) (magistrates' judicial immunity); Imbler v. … Fitzgerald, 457 U.S. 800, 815-16 (1982) (state trooper's qualified immunity for actions not violative of clearly established rights of which reasonable person would know). 3 For the above reasons the district court's dismissal
Cited 0 timesUnpublishedThe Estate of Marquette F. Cummings Jr. v. Warden Carter Davenport
906 F.3d 934 · Court of Appeals for the Eleventh Circuit · Oct 2, 2018
And he maintained that no authority clearly established that Davenport’s actions were unconstitutional. … On the contrary, the Court has explained that “[t]he conception animating the qualified immunity doctrine . . . is that ‘where an official’s duties legitimately require action in which clearly established rights are not
Cited 97 timesPublished2 F. Supp. 2d 1268 · District Court, C.D. California · May 15, 1998
(2) Was such right clearly established at the time of the alleged offense? (3) If there is a clearly established right, is the issue of qualified immunity [ ] properly addressed in a motion for summary judgment? … Under the two-part test, there'is qualified immunity if: (1) the law governing the official’s conduct was “clearly established;” and (2) under that “clearly established” law, a reasonable officer could have believed that
Reversed on other grounds by Lisa's Party City, Inc. v. Town of Henrietta, 185 F.3d 12 (1999)Cited 7 timesPublished188 F. Supp. 3d 565 · District Court, E.D. Virginia · May 18, 2016
The defendants move to dismiss on grounds of qualified immunity. … a history of criminal violations qualified as an unlawful seizure, in light of clearly established law.
Cited 2 timesPublishedDistrict Court, E.D. Louisiana · Nov 8, 2022
“[T]o overcome qualified immunity, the plaintiff's version of those disputed facts must also constitute a violation of clearly established law.” Id. … The second step of the qualified immunity inquiry demands plaintiff demonstrate there was a clearly established right at the time of the challenged action.
Cited 0 timesUnknownMcCall v. The County of Lowndes
District Court, M.D. Alabama · Jan 9, 2023
Alternatively, the individual Defendants are entitled to qualified immunity because Plaintiffs have failed to show, through binding caselaw or legal principles of obvious application, that it was clearly established at … See Griffin Indus., 496 F.3d at 1199 (“Only when the official violated the law and the illegality of his conduct was clearly established must the court deny him the protection of qualified immunity.”).
Cited 0 timesUnknown622 A.2d 74 · Supreme Judicial Court of Maine · Mar 1, 1993
Under the qualified immunity doctrine, government officials performing discretion *76 ary functions are immune from suit in actions brought pursuant to § 1983 “insofar as their conduct does not violate clearly established … Because their actions violated Ryan’s clearly established rights, Logan and Todd are not entitled to qualified immunity. III.
Cited 16 timesPublishedAndrews v. Department of Environmental Protection
1998 Me. 198 · Supreme Judicial Court of Maine · Aug 3, 1998
Qualified immunity shields “ ‘government officials performing discretionary functions ... from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of … Several federal circuit courts have observed that a public employee’s free speech right, as guaranteed by the Pickering decision and its progeny, will rarely be “clearly established” for purposes of a qualified immunity analysis
Cited 28 timesPublished286 Neb. 532 · Nebraska Supreme Court · Sep 6, 2013
Whether a state official should pre- vail in a qualified immunity defense depends upon the objective reasonableness of his or her conduct as measured by reference to clearly established law. 26. … Qualified immunity shields state officials in their individual capacities from civil damages if their conduct did not violate a clearly established statutory or constitutional right of which a reasonable person would have
Cited 6 timesPublishedBarna v. Board of School Directors of the Panther Valley School District
877 F.3d 136 · Court of Appeals for the Third Circuit · Dec 7, 2017
“clearly established.” … The court further concluded that the defendants who issued the notices were not entitled to qualified immunity because it was clearly established that such an absolute prohibition of challenges the ban based on its absolute
Cited 485 timesPublished815 F. Supp. 2d 810 · District Court, M.D. Pennsylvania · Sep 7, 2011
was contrary to clearly established law. … Accordingly, the Second Circuit held that even where a defendant violates a clearly established right, he may still be entitled to qualified immunity in limited circumstances. Id.; see also Friedman v.
Cited 1 timesPublished349 S.W.3d 769 · Texas Court of Appeals, 14th District (Houston) · Oct 5, 2011
Identification of the clearly established law is not a question of fact to be established by evidence. … This would not be qualified immunity, but absolute immunity.
Cited 22 timesPublished165 Vt. 482 · Supreme Court of Vermont · Oct 11, 1996
Unless a later controlling precedent created the clearly established constitutional right we must find to overcome qualified immunity, we must use the DeShaney standard. … The court further held that the right was clearly established, and qualified immunity did not apply. Id. at 852 .
Disagreed with by Thomas Wilkinson, Benjamin Wilkinson, by Next Friend Thomas Wilkinson and Jonathan Wiegand v. Caroline S. Russell, James Adams and Gerald Jeffords, 182 F.3d 89 (1999)Cited 11 timesPublishedDistrict Court, E.D. California · Feb 4, 2021
Qualified Immunity 5 Qualified immunity applies when an official's conduct does not violate clearly established 6 statutory or constitutional rights of which a reasonable … City of 17 Roseville, 882 F.3d 843, 856-57 (9th Cir. 2018) (noting that Ninth Circuit precedent is sufficient to 18 meet the “clearly established” prong of qualified immunity); Hamby v.
Cited 0 timesUnknown
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