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  • Andrews 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 timesPublished
  • Velasquez v. Senko

    643 F. Supp. 1172 · District Court, N.D. California · Mar 31, 1986

    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. … The Court explained: Unless the plaintiffs allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery.

    Cited 53 timesPublished
  • Billado v. Appel

    165 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 timesPublished
  • Eboni Baldwin v. Harris County Sheriff Dept

    964 F.3d 320 · Court of Appeals for the Fifth Circuit · Jul 1, 2020

    The second prong of the qualified immunity analysis asks whether the detainee’s right to treatment for serious medical needs was “clearly established” such that every “reasonable official would understand that what [she] … a triable material issue concerning a violation of a constitutional right or law clearly establishing that Dorsey’s alleged conduct was objectively unreasonable, we conclude that Dorsey is entitled to qualified immunity.

    Cited 54 timesPublished
  • Bexar County v. Giroux-Daniel

    956 S.W.2d 692 · Texas Court of Appeals, 4th District (San Antonio) · Oct 29, 1997

    Government officials have a qualified immunity from § 1983 suits if they can establish that “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known … She argues that when she was fired in 1995, it was clearly established that firing a government employee for speaking out on matters of public concern constitutes a violation of the employee’s First Amendment rights.

    Cited 23 timesPublished
  • Charles Davis v. James Yates

    Court of Appeals for the Ninth Circuit · Jun 13, 2019

    Youseff, 914 F.3d 1218, 1229 (9th Cir. 2019), concluded that a prisoner’s “right to be free from heightened exposure to Valley Fever spores” was not clearly established. … Read, 663 F.3d 1094, 1098 (9th Cir. 2011) (jurisdiction over interlocutory appeal from the denial of qualified immunity limited to “the purely legal issue whether the facts alleged . . . support a claim of clearly established

    Cited 0 timesUnpublished
  • Mangino v. Incorporated Village of Patchogue

    814 F. Supp. 2d 242 · District Court, E.D. New York · Sep 30, 2011

    Having carefully considered the motion for reconsideration, the Court concludes that Nudo is entitled to qualified immunity on the abuse of process claim because, although there was a clearly established right to be free … Therefore, qualified immunity at this juncture is clearly unwarranted.

    Cited 33 timesPublished
  • DeWald v. State

    719 P.2d 643 · Wyoming Supreme Court · May 23, 1986

    City of Green River, supra, does not establish a qualified immunity for the act of driving a patrol car. … Clearly, either choice posed a risk to the citizens of Laramie.

    Cited 73 timesPublished
  • Nation v. Colla

    173 Ariz. 245 · Court of Appeals of Arizona · Dec 29, 1992

    Whether the absence of clearly established law in 1984 concerning when a child could or could not be taken into temporary custody entitles Michelle Colla to qualified immunity in taking temporary custody over James Nation … Under the doctrine of qualified immunity, an executive officer is immune from civil liability in a § 1983 action if the conduct complained of does not violate a clearly established statutory or constitutional right of which

    Cited 15 timesPublished
  • Ali v. Lambert

    384 F. Supp. 3d 1321 · District Court, N.D. Oklahoma · Apr 25, 2019

    Thus, "[t]o survive a motion to dismiss based on qualified immunity, the plaintiff must allege sufficient facts that show-when taken as true-the defendant plausibly violated his constitutional rights, which were clearly established … the relevant law is clearly established."

    Cited 1 timesPublished
  • Reynaldo Ramirez v. Jim Wells County, Texas

    716 F.3d 369 · Court of Appeals for the Fifth Circuit · May 15, 2013

    “The doctrine of qualified immunity protects public officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … Because there was no false arrest, no constitutional violation occurred, and, accordingly, we have no occasion to reach the part of the qualified immunity analysis that asks whether the law was clearly established.

    Cited 198 timesPublished
  • Ex parte Harvey Ruffin, Shelton Patterson, Sandra Giles and Kenneth Jones.

    160 So. 3d 750 · Supreme Court of Alabama · Aug 29, 2014

    The doctrine of qualified immunity generally shields government officials who are performing discretionary functions from liability for civil damages unless their conduct violates "clearly established … the petitioners violated clearly established constitutional law.

    Cited 4 timesPublished
  • West Virginia Division of Corrections & Rehabilitation v. Damein Robbins

    West Virginia Supreme Court · Jun 9, 2023

    Those errors relate to one portion of the qualified immunity test (violation of a clearly established right), so we briefly survey pertinent immunities law before addressing the Officers’ specific arguments. … well-established qualified immunity framework.”

    Cited 0 timesPublished
  • Dora v. Rowe

    District 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 timesUnknown
  • People v. Nicholson

    297 Mich. App. 191 · Michigan Court of Appeals · Jun 26, 2012

    However, contrary to the parties’ position, we conclude that a person can fail to qualify for immunity from arrest pursuant to § 4(a), but still be entitled to immunity from prosecution or penalty. … This argument is contrary to the plain language of the statute as we have interpreted it, and it is inconsistent with the clearly established law that permits police officers to arrest individuals who commit misdemeanor offenses

    Cited 59 timesPublished
  • Rivers v. Fischer

    390 F. App'x 22 · Court of Appeals for the Second Circuit · Aug 13, 2010

    A government official is entitled to qualified immunity for his actions unless his conduct violates a clearly established constitutional or statutory right of which a reasonable person would have known. Pearson v. … The Second Circuit has held that a right is “clearly established” for qualified immunity purposes if “(1) the law is defined with reasonable clarity, (2) the Supreme Court or the Second Circuit has recognized the right, and

    Cited 4 timesUnpublished
  • Font v. Carr

    867 S.W.2d 873 · Texas Court of Appeals, 1st District (Houston) · Dec 16, 1993

    Thus, Font must show he established his affirma- *876 five defense of official immunity as a matter of law. Font claimed absolute immunity from the suit and alternatively, qualified immunity. … The threshold question is what must a public official show to establish the defense of qualified immunity. Texas law and federal law differ in this respect.

    Cited 69 timesPublished
  • John Melnik v. James Dzurenda

    14 F.4th 981 · Court of Appeals for the Ninth Circuit · Sep 27, 2021

    Dissenting, Judge Bennett would hold that defendants were entitled to qualified immunity because they did not violate clearly established law. … Clearly Established Right Defendants in this case focus their challenge to the district court’s denial of qualified immunity on the second prong of the analysis, the “clearly established” element, and on only part of

    Cited 37 timesPublished
  • R.Q. v. West Virginia Division of Corrections

    West Virginia Supreme Court · Apr 10, 2015

    Therefore, she asserts that D.F. does not enjoy qualified immunity in this matter. … The WVRJCFA argued that the training, supervision, and retention of correctional officers were inherently discretionary acts for which the State enjoys immunity and that A.B. failed to identify a clearly established right

    Cited 0 timesPublished
  • Hicks v. LeBlanc

    81 F.4th 497 · Court of Appeals for the Fifth Circuit · Sep 5, 2023

    Appellants insist they are entitled to qualified immunity because they neither violated Hicks’ constitutional rights nor acted unreasonably in light of clearly established law. We disagree. … Having established that Hicks’ right to timely release was clearly established, we turn to the first question of qualified immunity: whether _____________________ 21 U.S.

    Cited 29 timesPublished

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