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  • Jain v. Bd. Of Educ. Of Butler School Dist. 53

    366 F. Supp. 3d 1014 · District Court, E.D. Illinois · Mar 12, 2019

    . 5 In general, qualified immunity shields 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 … of qualified immunity. 6 C.

    Cited 7 timesPublished
  • Douglas Fuqua v. Brett Turner

    996 F.3d 1140 · Court of Appeals for the Eleventh Circuit · May 6, 2021

    The District Court agreed that Collier was entitled to qualified immunity with respect to the federal claims because, assuming Collier violated Fuqua’s Fourth Amendment rights, the violation was not clearly established … Qualified immunity protects government officials “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have

    Cited 44 timesPublished
  • Ricciuti v. Gyzenis

    834 F.3d 162 · Court of Appeals for the Second Circuit · Aug 24, 2016

    The individual defendants also argued that they were entitled to qualified immunity because their conduct was not prohibited by clearly established law at the time of Ricciuti’s termination. … Town of Wolcott, 599 F.3d 129 (2d Cir. 2010), that “even where the law is ‘clearly established’ and the scope of an official’s permissible conduct is ‘clearly defined,’ the qualified immunity defense also protects an official

    Cited 47 timesPublished
  • Linton v. Zorn

    135 F.4th 19 · Court of Appeals for the Second Circuit · Apr 24, 2025

    Linton contends “that Amnesty America clearly established law for qualified immunity purposes.” Appellant Br. at 30 n.8. … Town of West Hartford clearly established a right for qualified immunity purposes, consistent with our holding in Edrei v.

    Cited 27 timesPublished
  • Cronin v. Peterson

    288 F. Supp. 3d 970 · District Court, D. Nebraska · Jan 24, 2018

    "Clearly established" for purposes of qualified immunity "should not be defined at a high level of generality ... [but] must be particularized to the facts of the case." Lyons v. … violated a clearly established constitutional right."

    Cited 5 timesPublished
  • Orozco v. Day

    281 Mont. 341 · Montana Supreme Court · Mar 10, 1997

    Qualified immunity shields government officials performing discretionary functions from civil damages "'insofar as their conduct does not violate clearly established statutory or … As discussed above, our threshold inquiry in addressing qualified immunity is whether the due process right arising from Orozco's liberty interest in good time credits was clearly established

    Cited 23 timesPublished
  • Root v. Comstock

    Court of Appeals for the Tenth Circuit · Jan 14, 2026

    Qualified immunity “[Q]ualified 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 … Root’s out-of-circuit cases do not provide clearly established law. Most of them are district court and unpublished decisions that cannot qualify as clearly established law. See Surat v.

    Cited 0 timesUnpublished
  • McCowan v. Morales

    945 F.3d 1276 · Court of Appeals for the Tenth Circuit · Dec 27, 2019

    A court can consider the two qualified-immunity inquiries—whether the plaintiff has established a statutory or constitutional violation and whether that violation was clearly established—in any order. See Pearson v. … Because this claim adequately alleges a clearly established Fourteenth Amendment violation, the district court correctly denied Moralez qualified immunity from it. 1.

    Cited 110 timesPublished
  • Stewart v. Beach

    701 F.3d 1322 · Court of Appeals for the Tenth Circuit · Dec 18, 2012

    Judge Robinson then turned to qualified immunity. … Furthermore, we harbor some doubt that Judge Belot’s denial of qualified immunity turned solely on whether the law was clearly established.

    Cited 160 timesPublished
  • GOFAN JUNIOR v. PEREKSTA

    District Court, D. New Jersey · Mar 31, 2021

    In the familiar qualified immunity analysis, the court asks “(1) whether the officer violated a constitutional right, and (2) whether the right was clearly established, such that ‘it would [have … This though does not end this Court’s qualified immunity analysis.

    Cited 0 timesUnknown
  • Murphy v. Middlesex Cnty.

    361 F. Supp. 3d 376 · District Court, D. New Jersey · Jan 17, 2019

    could clearly establish a right for purposes of qualified immunity." … Thus, to establish qualified immunity, the MCPO Defendants are expected to address these cases and any similar cases in showing whether the rights implicated by this case may be considered clearly established.

    Cited 24 timesPublished
  • Pasco Ex Rel. Pasco v. Knoblauch

    566 F.3d 572 · Court of Appeals for the Fifth Circuit · Apr 28, 2009

    The district court denied summary judgment based on its findings that Knoblauch had waived his qualified immunity defense by failing to raise it in a timely fashion, and that Knoblauch violated clearly established Fourth … facts amount to a violation of clearly established law.”

    Cited 124 timesPublished
  • Ex parte State Board of Education

    219 So. 3d 604 · Supreme Court of Alabama · Sep 9, 2016

    Richardson’s actions violated the respondents’ clearly established rights, rendering qualified immunity inappropriate. *616 In analyzing whether a right is clearly established, we must consider whether preexisting law at … The United States Court of Appeals for the Eleventh Circuit has stated that, within that circuit, “the law can be ‘clearly established’ for qualified immunity purposes only by decisions of the U.S.

    Cited 1 timesPublished
  • Kemp v. Liebel

    229 F. Supp. 3d 828 · District Court, S.D. Indiana · Jan 20, 2017

    To survive summary judgment on qualified immunity grounds, therefore, Plaintiffs must establish that the right they claim was clearly established in this judicial circuit. Jacobs, 215 F.3d at 767. … Thus we hold that Plaintiffs have failed to meet the “clearly established” standard sufficient to defeat Mr. Liebel’s qualified immunity defense to their claims.

    Cited 2 timesPublished
  • Scott Peatross v. City of Memphis

    818 F.3d 233 · Court of Appeals for the Sixth Circuit · Mar 29, 2016

    violated clearly established law.”) … Cupp, 430 F.3d 766, 774 (6th Cir. 2005), the right is clearly established.

    Cited 756 timesPublished
  • Pauley v. Anchorage School District

    31 P.3d 1284 · Alaska Supreme Court · Oct 5, 2001

    Where it is alleged that an official has violated a statute, qualified immunity may be overcome "if the officials have violated 'clearly established' law, unless the officials can prove that they non-negligently were not … In claims of excessive force brought against a police officer qualified immunity will be sustained if "a reasonable official could have believed the challenged conduct was lawful in light of clearly established law and the

    Cited 10 timesPublished
  • Henry v. Purnell

    428 F. Supp. 2d 393 · District Court, D. Maryland · Apr 21, 2006

    Second, if the answer to the first question is yes, they are to further inquire “whether the right was clearly established.” Id. … Purnell does not contend that he is entitled to qualified immunity on the ground that it is not clearly established that shooting someone with a handgun in the belief that a Taser is being fired constitutes a Fourth Amendment

    Cited 7 timesPublished
  • Caretolive v. Von Eschenbach

    525 F. Supp. 2d 952 · District Court, S.D. Ohio · Dec 4, 2007

    Qualified Immunity Qualified immunity protects government officials performing discretionary functions from suit for damages as long as their conduct “does not violate clearly established statutory or constitutional rights … Instead, to establish that a right was clearly established in a qualified immunity analysis, this Court must look first to the decisions of the United States Supreme Court and then to the case law of this circuit.

    Cited 4 timesPublished
  • Demetrius Hill v. C.O. Crum

    727 F.3d 312 · Court of Appeals for the Fourth Circuit · Aug 14, 2013

    We do possess jurisdiction to consider this appeal from the denial of qualified immunity to the extent that Crum claims that his conduct did not violate clearly established law. See Winfield v. … His argument is that he is entitled to qualified immunity because Hill’s claimed constitutional violation was not clearly established at the time of the assault.

    Cited 109 timesPublished
  • Stramaski v. Lawley

    44 F.4th 318 · Court of Appeals for the Fifth Circuit · Aug 11, 2022

    Bratch, 287 F.3d 673, 681–82 & n.13 (8th Cir. 2002) (rejecting qualified immunity defense because FMLA creates clearly established rights but stating defendant did not raise argument regarding application of qualified immunity … immunity because she does not allege that Lawley violated a clearly established law.

    Cited 24 timesPublished

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