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400 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, N.D. Illinois · Sep 26, 2025
The doctrine of qualified immunity protects government officials from liability for civil damages in situations in which their conduct does not violate a clearly established statutory or constitutional right. … As the Seventh Circuit has explained: [A] right is clearly established for qualified immunity purposes if its contours were sufficiently definite that
Cited 0 timesUnknownOhio Civil Service Employees Ass'n v. Moritz
39 Ohio App. 3d 132 · Ohio Court of Appeals · Oct 6, 1987
Appellants assert the following as their sole assignment of error: “The trial court erred in denying defendants-appellants’ good faith immunity defense where defendants-appellants violated no clearly established constitutional … Harlow holds that until the threshold question of immunity is resolved, whether the law or right which the official is alleged to have violated was clearly established at the time of the appeal violation and whether a reasonable
Cited 13 timesPublished170 F. App'x 212 · Court of Appeals for the Third Circuit · Oct 19, 2005
Finally, the Court found that because the State is immune from liability under § 1983, the Mierzwas’ due process claim lacks merit. … In addition, the individual Garfield defendants (police and prosecutor) enjoy qualified immunity as their conduct in investigating the incident between Edward and Thomas did not violate clearly established constitutional
Cited 3 timesUnpublished349 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 timesPublishedMangino 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 timesPublishedRoxanne Adams v. Debra Ferguson
884 F.3d 219 · Court of Appeals for the Fourth Circuit · Mar 6, 2018
Qualified immunity “shields officials from civil liability so long as their conduct ‘does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’” Mullenix v. … “Unless the plaintiff’s 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 123 timesPublishedDistrict Court, D. New Jersey · Jul 31, 2023
Second, the Court considers “whether that right was clearly established at the time of the official’s actions.” Id. “An answer in the negative to either prong entitles an officer to qualified immunity.” … See Pearson, 555 U.S. at 232 (stating that qualified immunity applies unless “the right at issue was ‘clearly established’ at the time of defendant's alleged misconduct” (emphasis added)).
Cited 0 timesUnknownDistrict Court, W.D. Texas · Jan 13, 2020
Qualified Immunity “A qualified immunity defense alters the usual summary judgment burden of proof.” Brown v. Callahan, 623 F.3d 249, 253 (5th Cir. 2010). … Guendry, 703 F.3d 757, 763-64 (5th Cir. 2012) (qualified immunity will not protect officers who apply excessive force merely because their means of apply it are novel; further, Graham excessive force factors “can ‘clearly
Cited 0 timesUnknown673 F. App'x 688 · Court of Appeals for the Ninth Circuit · Dec 20, 2016
Cases from this and other circuits clearly established that using a car as an impact weapon constituted at least a significant, intermediate level of force. See Young v. … The Takedown Claim With respect to the takedown claim, by contrast, Vogt’s actions did not violate clearly established law.
Cited 3 timesUnpublished301 F. Supp. 3d 727 · District Court, E.D. Michigan · Mar 15, 2018
Beyond failing to cite any authority suggesting-let alone clearly establishing-that Defendant's use of the Work was not fair use, Plaintiff has all but conceded that his rights were not clearly established for qualified-immunity … As Plaintiff has failed to demonstrate that *744 any infringement of any right of his was clearly established, Defendant is entitled to qualified immunity on Plaintiff's DMCA claim as well. 2.
Cited 8 timesPublished114 N.C. App. 580 · Court of Appeals of North Carolina · May 3, 1994
The test of qualified immunity for police officers sued under 42 U.S.C. § 1983 is whether in performing discretionary functions, they have engaged in conduct that violates “clearly established statutory or constitutional … The threshold question regarding a defense of qualified immunity is whether defendants have violated a “clearly established” right. Pritchett, 973 F.2d at 313 .
Cited 12 timesPublishedGarcia v. Royal Bank of Canada
178 F. Supp. 2d 74 · District Court, D. Puerto Rico · Dec 17, 2001
Qualified Immunity Noriega contends that he is entitled to qualified immunity. … If no violation of a clearly established constitutional right is found, then the analysis halts because “there is qualified immunity.” Aponte Matos v.
Cited 2 timesPublished86 F.3d 789 · Court of Appeals for the Eighth Circuit · Sep 10, 1996
We start our analysis with the well-established proposition that the United States may not be sued without its consent. See Affiliated Ute Citizens v. … that the agency action had transgressed and establish that the statute or regulation applies to the United States.
Cited 48 timesPublishedDaniel Chavez v. David Robinson
817 F.3d 1162 · Court of Appeals for the Ninth Circuit · Mar 29, 2016
In this case, the panel determined that plaintiff’s complaint did not clearly show that he would be unable to overcome qualified immunity. … ROBINSON Chavez’s pro se complaint did not clearly show that he would be unable to overcome qualified immunity.
Cited 131 timesPublished250 Ga. App. 362 · Court of Appeals of Georgia · Jul 3, 2001
by reference to clearly established law. … On a motion for summary judgment, if the applicable law was clearly established at the time the defendant acted, the immunity defense ordinarily should fail, since a reasonably competent public official should know the law
Cited 14 timesPublished215 F.3d 550 · Court of Appeals for the Sixth Circuit · Jun 7, 2000
No defendants may assert qualified immunity. … However, this Circuit, as well as a number of “clearly established” constitutional or statutory right has been our sister Circuits, have granted state employees qualified immunity violated; and second, we ascertain whether
Cited 131 timesPublished81 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 timesPublished194 F. Supp. 3d 886 · District Court, D. Arizona · Jul 1, 2016
Defendants are entitled to qualified immunity. … As a matter of law, clearly established law for qualified immunity purposes is the law clearly established at the time of the conduct at issue.
Cited 1 timesPublishedTracy Ray Vaughan v. James D. Ricketts
859 F.2d 736 · Court of Appeals for the Ninth Circuit · Oct 14, 1988
Ricketts moved for summary judgment, claiming a qualified immunity from suit because the law governing body cavity searches of inmates was not clearly established as of March 1984. … Finally, the district court found that clearly established standards existed under the eighth and fourteenth amendments as well. The court thus refused to grant Ricketts qualified immunity on any of Vaughan’s claims.
Overruled on other grounds by Mark Koch v. James G. Ricketts, 68 F.3d 1191 (1995)Cited 72 timesPublished
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