Case law
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John Wayne Charleston v. Clint Allen, Criminal District Attorney of Cass County
420 S.W.3d 134 · Texas Court of Appeals, 6th District (Texarkana) · Oct 15, 2012
—Tyler 1996, no writ) (prosecutor entitled only to qualified immunity in making statements to press). 5 Under the federal standards for qualified immunity, a prosecutor would be “shielded 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 known.”
Cited 8 timesPublishedAbbas Khoshdel .M.D., Llyod Aschberger, Terri Pursley, and Jamie Williams v. Charles Goosby
Texas Court of Appeals, 10th District (Waco) · Nov 1, 2012
Government officials performing discretionary functions have qualified immunity from a suit for damages under section 1983 so long as the official’s conduct does not violate clearly established constitutional … the clearly established right.
Cited 0 timesPublishedJames Solomon v. Deputy U.S. Marshal Thomas
795 F.3d 777 · Court of Appeals for the Eighth Circuit · Jul 29, 2015
In this appeal, Jones and Thomas argue that the district court should have granted qualified immunity because the facts, as pleaded by Solomon, do not show a violation of clearly established rights. … of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before commencement of discovery."
Cited 2,038 timesPublished210 Ga. App. 371 · Court of Appeals of Georgia · Sep 23, 1993
clearly established statutory or constitutional rights of which a reasonable person would have known.” … App. 798 ( 432 SE2d 593 ) (1993). 4 Qualified immunity is a question of law for the court. Stone v.
Cited 20 timesPublished967 F. Supp. 354 · District Court, E.D. Wisconsin · May 21, 1997
Once a defendant has raised a qualified immunity defense, the plaintiff bears the burden of demonstrating the violation of a clearly established right. See Kernats, 35 F.3d at 1176 (citing Rakovich, 850 F.2d at 1209 ). … Consequently, these Defendants are entitled to qualified immunity from Kerr’s suit for damages on his Establishment Clause claims.
Cited 9 timesPublishedDistrict Court, E.D. California · Jun 21, 2022
Lastly, defendants contend that they are entitled to 14 qualified immunity because their conduct did not violate clearly established federal law. … Qualified Immunity 22 “Government officials enjoy qualified immunity from civil damages unless their conduct 23 violates ‘clearly established statutory or constitutional rights
Cited 0 timesUnknown635 F.3d 22 · Court of Appeals for the First Circuit · Mar 24, 2011
Qualified Immunity The district court held that Defendant Whittemore, in her individual capacity, is entitled to qualified immunity because the law was not so clearly established as to put Whittemore on fair … A plaintiff may overcome qualified immunity by first making out the violation of a constitutional right, and second, establishing that the "right was 'clearly established' at the time of the defendant's alleged violation
Cited 130 timesPublished497 Mich. 302 · Michigan Supreme Court · Jun 11, 2015
Section 4 of the MMMA concerns immunity. A qualifying patient who receives a registry identification card is entitled to immunity, provided that certain conditions are met. MCL 333.26424(a). … The trial court’s contrary finding that “there is no evidence that she provided [marihuana paraphernalia] to a registered qualifying patient or registered caregiver” is clearly erroneous because elsewhere in its opinion the
Cited 62 timesPublishedDistrict Court, D. Idaho · Dec 26, 2019
The doctrine of qualified immunity protects state officials from personal liability for on-the-job conduct so long as the conduct is objectively reasonable and does not violate an inmate’s clearly-established federal … ”; and (2) whether that right was clearly established.
Cited 0 timesUnknown578 F.3d 491 · Court of Appeals for the Seventh Circuit · Aug 18, 2009
that right was clearly established. … ” the court indicated that the right was clearly established.
Cited 76 timesPublished241 F. Supp. 3d 726 · District Court, E.D. Louisiana · Mar 10, 2017
In their motion for summary judgment, these defendants argue Plaintiffs claims against them in their individual capacities should be dismissed, because they are protected by qualified immunity. 27 “Qualified immunity protects … public officials from suit unless their conduct violates a clearly established constitutional right.” 28 As explained by the United States Supreme Court, “qualified immuni *732 ty seeks to ensure that defendants reasonably
Cited 3 timesPublished363 F. Supp. 3d 525 · District Court, D. New Jersey · Jan 28, 2019
could clearly establish a right for purposes of qualified immunity." *538 Mammaro v. … clearly established right to circumcision."
Cited 19 timesPublishedJennifer L. Burbridge v. Marcus Biggins
2 F.4th 774 · Court of Appeals for the Eighth Circuit · Jun 25, 2021
“Qualified immunity shields government officials from liability in a § 1983 action unless the official’s conduct violates a clearly established constitutional or statutory right of which a reasonable person would have known … Alternatively, Appellants argue that they are entitled to qualified immunity because it was not clearly established in this circuit whether the intracorporate conspiracy doctrine applied to bar § 1983 conspiracy claims.
Cited 35 timesPublishedEx Parte Madison County Bd. of Education
1 So. 3d 980 · Supreme Court of Alabama · Jun 27, 2008
Foltz, 370 F.3d 1079 (11th Cir. 2004), the United States Court of Appeals for the Eleventh Circuit held that, to overcome qualified immunity, not only must the government official violate a clearly established statutory or … Foltz, 370 F.3d 1079 (11th Cir.2004), the United States Court of Appeals for the Eleventh Circuit held that, to overcome qualified immunity, not only must the government official violate a clearly established statutory or
Cited 15 timesPublished3 F. Supp. 3d 746 · District Court, W.D. Wisconsin · Feb 28, 2014
Qualified Immunity Qualified immunity shields government officials from suit for “performing discretionary functions in the course of duty to the extent that their conduct does not violate clearly established statutory or … Under the second prong, the plaintiff must show that “the right was clearly established.” Id. Whether a right was clearly established at the relevant time is a question of law, Lewis v.
Cited 1 timesPublishedJohnson v. El Paso Cty Sheriff
51 F.3d 1041 · Court of Appeals for the Fifth Circuit · Mar 20, 1995
-2- their original answer on March 23 raising the affirmative defenses of absolute and qualified immunity. … For a defendant pleading qualified immunity to be liable, the defendant official's conduct must have violated "clearly established statutory or constitutional rights of which a reasonable person would have known."
Cited 3 timesUnpublishedLee Rice, II v. Dale Morehouse
989 F.3d 1112 · Court of Appeals for the Ninth Circuit · Mar 8, 2021
CLEARLY ESTABLISHED LAW The district court held that even if Morehouse and Shaffer used excessive force, they were entitled to qualified immunity. … MOREHOUSE denying the officer qualified immunity, we said that the “right to be free of excessive force was clearly established” at the time of Emmons’s arrest in 2013. Emmons v. City of Escondido, 716 F.
Cited 93 timesPublishedFarrell Ex Rel. Farrell v. Transylvania County Bd. of Educ.
199 N.C. App. 173 · Court of Appeals of North Carolina · Aug 18, 2009
As this Court stated, “ ‘[qualified immunity protects public officials from personal liability for performing official, discretionary functions if the conduct does not violate clearly established statutory or constitutional … Because Wohler’s alleged conduct violates a clearly established constitutional right to bodily integrity, of which defendant would have known, she is not entitled to the benefits of federal qualified immunity.
Cited 20 timesPublished287 F. Supp. 3d 308 · District Court, W.D. New York · Feb 27, 2018
the right was clearly established at the time of the challenged conduct.' " McGowan v. … To this point, "[a]n officer is entitled to qualified immunity if he can establish that there was 'arguable probable cause' to arrest." Adebiyi v.
Cited 24 timesPublished97 F.4th 1343 · Court of Appeals for the Eleventh Circuit · Apr 5, 2024
An officer exercising a dis- cretionary function is entitled to qualified immunity on a claim that his investigatory stop violated the Fourth Amendment unless “he was violating clearly established law.” … Brandt’s assertion that he did not violate clearly established law when he stopped the vehicle is a “core qualified immunity is- sue[].” Cottrell, 85 F.3d at 1484 (quotation marks omitted).
Cited 36 timesPublished
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