Case law
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192 F. Supp. 3d 655 · District Court, W.D. Virginia · Jun 14, 2016
State officers are entitled to qualified immunity from civil liability for performing discretionary functions only insofar as their conduct “does not violate clearly established statutory or constitutional rights of which … To defeat qualified immunity in the mental health seizure context, a plaintiff must show that the “right allegedly violated was ‘clearly established’ in more than just a general sense.” Id.
Cited 4 timesPublished616 F.3d 855 · Court of Appeals for the Eighth Circuit · Aug 17, 2010
unlawfulness of his conduct was not clearly established. … The defendants filed a notice of appeal setting out three issues: “(1) qualified immunity and whether the law was clearly established; (2) Monell liability; and (3) reversal of the Order bifurcating the . . . claims [against
Cited 108 timesPublished591 F. Supp. 2d 913 · District Court, E.D. Kentucky · Dec 4, 2008
clearly established constitutional law. … Plaintiff has failed to establish that Cornett violated any clearly established right which belonged to him on these grounds.
Cited 19 timesPublished112 F. Supp. 3d 208 · District Court, D. New Jersey · Jun 29, 2015
Defendants are entitled to qualified immunity “if a reasonable officer could have believed that probable cause existed” to arrest Plaintiff “in light of clearly established law and the information the [arresting] '’ officers … of qualified immunity. .
Cited 65 timesPublishedJamie Peterson v. David Heymes
931 F.3d 546 · Court of Appeals for the Sixth Circuit · Jul 25, 2019
Qualified immunity protects an official from liability if the official’s conduct does not violate “clearly established” statutory or constitutional rights that a reasonable person would have known were in existence. … Peterson fails to plead clearly established constitutional violations with respect to each federal claim.
Cited 55 timesPublished332 F.3d 68 · Court of Appeals for the Second Circuit · Jun 13, 2003
The court later emphasized that this law was clearly established for purposes of qualified immunity. … Yet under the same “clearly established law,” the jury nevertheless found that Dingier was also entitled to qualified immunity.
Cited 181 timesPublishedDaily Services, LLC v. Tracy Valentino
756 F.3d 893 · Court of Appeals for the Sixth Circuit · Jun 26, 2014
Qualified Immunity’s Clearly Established Law and Parratt Our qualified immunity analysis first addresses the sole basis for the district court’s decision: whether Daily Services’ claimed constitutional right was “clearly … The applicability of Parratt , then, is irrelevant to the clearly established prong of the qualified immunity analysis.
Cited 170 timesPublishedJain 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 timesPublished834 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 timesPublished996 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 timesPublished135 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 timesPublished281 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 timesPublishedKevin M. Leckelt v. Board of Commissioners of Hospital District No. 1
909 F.2d 820 · Court of Appeals for the Fifth Circuit · Aug 28, 1990
Thus, the district court was not clearly erroneous in finding that Leekelt failed to establish that he was discriminated against solely because of a perception that he was infected with HIV. … We are unable to conclude that the district court was clearly erroneous in finding that Leckelt did not establish pretext. C.
Cited 38 timesPublished13 Neb. Ct. App. 171 · Nebraska Court of Appeals · Dec 7, 2004
, had qualified immunity. … “Whether an official may prevail in his or her qualified immunity defense depends upon the ‘ “objective reasonableness of [his or her] conduct as measured by reference to clearly established law.” ’ ” Id.
Cited 3 timesPublished841 F.2d 1558 · Court of Appeals for the Eleventh Circuit · Apr 15, 1988
damages action by qualified immunity pursuant to Harlow v. … However, these factual disputes do not preclude a grant of summary judgment premised on a defendant’s qualified immunity if the legal norms allegedly violated were not clearly established at the time of the challenged actions
Cited 336 timesPublishedSummerville v. City of Forest Park
128 Ohio St. 3d 221 · Ohio Supreme Court · Dec 27, 2010
Chapter 2744 or another provision of the law, including federal qualified immunity. … immunity if their conduct does not violate “clearly established statutory or constitutional rights of which a reasonable person would have known.”
Cited 111 timesPublished701 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 timesPublished361 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 timesPublished118 F.3d 1416 · Court of Appeals for the Tenth Circuit · Jul 8, 1997
Defendants argued Spiegel had probable cause for the arrest and reasonable suspicion for the strip search, and that he was entitled to qualified immunity because he did not violate clearly established law. … did not violate clearly established law.
Cited 511 timesPublished627 F. Supp. 1513 · District Court, D. South Dakota · Feb 13, 1986
The qualified immunity defense applies equally to RzVews-styled constitutional tort actions and cases brought pursuant to 42 U.S.C. § 1983 . Butz, 438 U.S. at 500-01 , 98 S.Ct. at 2907-08 . Clearly Established Rights. … Having violated no clearly established statutory or constitutional rights of plaintiff, the individual defendants must be dismissed on the basis of qualified immunity. 1 .
Reversed by Terry L. Arcoren v. Wenton Peters and John Schooler, 811 F.2d 392 (1987)Cited 4 timesPublished
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