Case law
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349 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 timesPublishedDistrict Court, D. Nebraska · Aug 4, 2022
QUALIFIED IMMUNITY Qualified immunity shields officials from civil liability in a 42 U.S.C. §1983 action when their conduct “does not violate clearly established statutory or … “Qualified immunity is an affirmative defense for which the defendant carries the burden of proof. The plaintiff, however, must demonstrate that the law is clearly established.” Sparr v.
Cited 0 timesUnknownMangino 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 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 timesUnknown301 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 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 timesPublished673 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 timesUnpublished86 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 timesPublishedDistrict Court, D. Arizona · Jan 25, 2022
(Id. at 9 n.7.) 15 Government officials are entitled to qualified immunity from civil damages unless 16 their conduct violates “clearly established statutory or constitutional … that 20 right was clearly established at the time of the violation.
Cited 0 timesUnknown81 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 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 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 timesPublished543 U.S. 194 · Supreme Court of the United States · Dec 13, 2004
not entitled to qualified immunity. … We grant the petition on the second, qualified immunity question and reverse.
Reported overruled in part, on other grounds by Pearson v. Callahan, 555 U.S. 223 (2009) — not on the Supreme Court's listCited 2,461 timesPublishedDistrict Court, E.D. Arkansas · Jul 28, 2023
Because the above failure to protect law was clearly established prior to the May 2022 fight, I conclude Officer Huett and Corporal Barnat are not entitled to qualified immunity on this failure to protect claim. … And, because that law was clearly established before May 2022, I conclude Defendant Barnat is not entitled to qualified immunity on this excessive force claim. V.
Cited 0 timesUnknown458 N.W.2d 714 · Court of Appeals of Minnesota · Aug 7, 1990
. § 1983 , the trial court correctly determined that agency's executive director, personnel director, and supervisor had a qualified immunity from liability for conduct which did not violate clearly established constitutional … To penetrate the government officials' qualified immunity, the balance must be in favor of the employee to a degree that evidences a clearly established right.
Cited 36 timesPublishedMartinique Stoudemire v. Mich. Dep't of Corrections
705 F.3d 560 · Court of Appeals for the Sixth Circuit · Jan 31, 2013
Taken together, these sentences clearly suffice as an assertion of qualified immunity. … Dunagan focuses on whether the law regarding same- sex strip searches is “clearly established” for qualified immunity purposes. However, No. 11-1588 Stoudemire v. Mich.
Cited 193 timesPublished
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