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  • Stephen G. Loftus v. Ester Clark-Moore

    690 F.3d 1200 · Court of Appeals for the Eleventh Circuit · Aug 13, 2012

    The district court ruled that Clark-Moore and Ferguson were entitled to qualified immunity because neither social worker had violated a clearly established federal right of Loftus or his children. … Ferguson is entitled to qualified immunity because the threats that she allegedly made did not violate any clearly established federal right.

    Cited 127 timesPublished
  • Mohamed Elhassan Mohamed, M. v. Irving Indep. Sch. Dist.

    300 F. Supp. 3d 857 · District Court, N.D. Texas · Mar 13, 2018

    In analyzing qualified immunity claims, the Supreme Court has "repeatedly told courts ... to not define clearly established law at a high level of generality." Mullenix v. … "[T]o evaluate the 'clearly established law' prong of the qualified immunity test, the court must ask whether, at the time of the incident, the law clearly established that such conduct would violate the right."

    Cited 14 timesPublished
  • Andrews v. Crump

    144 N.C. App. 68 · Court of Appeals of North Carolina · Jun 5, 2001

    They may, however, raise the defense of qualified immunity to section 1983 claims. Id. … Under the doctrine of qualified immunity, “government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory

    Cited 22 timesPublished
  • Manzanares v. Roosevelt Cnty. Adult Det. Ctr.

    331 F. Supp. 3d 1260 · District Court, D. New Mexico · Aug 30, 2018

    Although the Tenth Circuit has recognized a sliding scale for qualified immunity's clearly established inquiry, see Casey v. … Fitzgerald , when the Supreme Court moved to an objective test, the clearly established prong became a part of the qualified immunity test.

    Cited 7 timesPublished
  • Ohio Civil Service Employees Association v. Richard P. Seiter

    858 F.2d 1171 · Court of Appeals for the Sixth Circuit · Oct 4, 1988

    The court stated that this decision added to the evidence that clearly established the protected right in this case. Until recently, the controlling Supreme Court case on qualified immunity, Wood v. … Whether an official may prevail in his qualified immunity defense depends upon the “objective reasonableness of [his] conduct as measured by reference to clearly established law.”

    Cited 156 timesPublished
  • Breault v. Chairman of the Board of Fire Commissioners

    401 Mass. 26 · Massachusetts Supreme Judicial Court · Oct 13, 1987

    established.” … Creighton, 483 U.S. 635, 641 (1987) (principle of qualified immunity allows defendant to seek summary judgment on ground that, on “clearly established principles [of law],” he could have reasonably believed his acts to be

    Cited 14 timesPublished
  • Martin v. Haas

    556 S.W.3d 509 · Supreme Court of Arkansas · Oct 11, 2018

    That case is clearly not on point. … elections in this State are legally qualified to vote in such elections" modifies the requirement of "establish[ing] a system of permanent personal registration."

    Cited 29 timesPublished
  • Jennifer 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 timesPublished
  • Anderson v. Vasquez

    District Court, M.D. Florida · Sep 30, 2019

    To avoid summary judgment based on qualified immunity, a plaintiff must show both that the defendant violated a federal right and that the right was already clearly established in light of the circumstances that occurred … “The burden of showing that an officer violated clearly established law falls on the plaintiff, and a plaintiff’s citation of general rules or abstract rights is insufficient to strip a 1983 defendant of his qualified immunity

    Cited 0 timesUnknown
  • City of San Juan v. Gonzalez

    22 S.W.3d 69 · Texas Court of Appeals, 13th District · Jun 1, 2000

    the officers are entitled to qualified immunity under federal law as their actions in effecting appellee’s arrest were lawful in light of clearly established law and the information possessed by the officers at the time … If there is, we determine whether the government official’s “actions were objectively reasonable in light of clearly established law,” entitling him to qualified immunity. Id.

    Cited 7 timesPublished
  • Ex 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 timesPublished
  • Johnson 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 timesUnpublished
  • Freddy Nobriga Enterprises, Inc. v. State, Department of Hawaiian Home Lands

    129 Haw. 123 · Hawaii Intermediate Court of Appeals · Jan 30, 2013

    ) on the basis of qualified immunity. … Courts must analyze claims of qualified immunity under two prongs: (1) whether the facts show a violation of a constitutional right; and (2) if the first step is satisfied, whether that right was clearly established at the

    Cited 15 timesPublished
  • Shoemaker v. Smith

    353 Md. 143 · Court of Appeals of Maryland · Mar 10, 1999

    'abstract issu[e] of law’ relating to qualified immunity ... … —typically, the issue whether the federal right allegedly infringed was 'clearly established. ..

    Cited 107 timesPublished
  • Forney v. Purvis

    190 Ga. App. 192 · Court of Appeals of Georgia · Jan 13, 1989

    “[T]he appealable issue [on a claim for qualified immunity] is a purely legal one: whether the facts alleged (by the' plaintiff, or, in some cases, the defendant) support a claim of violation of clearly established law.” … If, as plaintiff alleges, defendants denied her equal protection of the law because of her union membership, then their conduct was violative of clearly established law and would not be protected by qualified immunity from

    Cited 9 timesPublished
  • Lee 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 timesPublished
  • Farrell 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 timesPublished
  • Shane v. County of San Diego

    District Court, S.D. California · Jun 16, 2023

    If a right is not clearly established, the defendant is 8 entitled to qualified immunity. Lawrence v. U.S., 340 F.3d 952, 956 (9th Cir. 2003). … Cty. of Santa Barbara, 868 F.3d 1110, 1117 (9th Cir. 2017) (holding that qualified 4 immunity applies if no clearly established law exists on the issue); see also White, 580 U.S. 5 at 79 (noting that clearly established

    Cited 0 timesUnknown
  • Galante v. County of Nassau

    186 Misc. 2d 733 · New York Supreme Court · Dec 12, 2000

    if either (1) their conduct did not violate clearly established rights of which a reasonable person would have known, or (2) it was objectively reasonable to believe that [their] acts did not violate these clearly established … [their] acts [do] not violate these clearly established rights.’ ” (Tenenbaum, at 596.)

    Cited 1 timesPublished
  • Shannon v. Koehler

    616 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 timesPublished

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