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  • Daily 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 timesPublished
  • Holcomb v. McCraw

    262 F. Supp. 3d 437 · District Court, W.D. Texas · Jun 27, 2017

    Qualified Immunity Qualified immunity shields “government officials performing discretionary functions” from civil liability for claims under federal law “insofar as their conduct does not violate clearly established statutory … Even if an official’s conduct violates a clearly established right, the official is “nonetheless entitled to qualified immunity if his conduct was objectively reasonable.” Wallace v.

    Cited 8 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
  • Livant v. Clifton

    334 F. Supp. 2d 321 · District Court, E.D. New York · Sep 7, 2004

    Qualified Immunity Qualified immunity is a three step analysis. Wilson v. Layne, 526 U.S. 603, 609 , 119 S.Ct. 1692 , 143 L.Ed.2d 818 (1999). … Then, [the Court] consider[s] if the violated right was clearly established at the time of the conduct. Finally, if plaintiff had a clearly established, constitutionally protected right that was violated ...

    Cited 14 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
  • 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
  • Robert Reese, Jr. v. County of Sacramento

    888 F.3d 1030 · Court of Appeals for the Ninth Circuit · Apr 23, 2018

    Rose’s entitlement to qualified immunity therefore turns on whether Reese’s right was clearly established at the time of the incident in 2011. … Ct. at 310 (quotation marks omitted).1 Absent a showing by Reese that the right was clearly established at the time, Rose is entitled to qualified immunity on the Fourth Amendment excessive force claim.

    Cited 374 timesPublished
  • The West Virginia State Police, Department of Military Affairs v. J.H., a Minor, by and through His Parent and Next Friend, L.D.

    West Virginia Supreme Court · Mar 26, 2021

    it violated a clearly established law or right in performing its discretionary functions. … Next, we must move forward in the qualified immunity analysis and determine whether J.H. has alleged that the acts of the Trooper Defendants were in violation of clearly established statutory or constitutional rights or

    Cited 0 timesPublished
  • Shelly Ioane v. Jean Noll

    903 F.3d 929 · Court of Appeals for the Ninth Circuit · Sep 10, 2018

    Clearly Established The second part of the qualified immunity test requires us to determine whether, at the time of Agent Noll’s actions in June 2006, the law was clearly established. … But the existence of a constitutional violation alone is insufficient to deny qualified immunity—we must find that the right at issue was “clearly established.”

    Cited 81 timesPublished
  • Trujillo v. City of Hobbs

    District Court, D. New Mexico · Jan 14, 2020

    In response, Trujillo contends Defendants frame the “clearly-established prong of the qualified immunity standard” using “self-serving” evidence and testimony provided by Officer Hopper, ignoring the legal mandate that … Under Garner and its progeny, the Court finds Trujillo has satisfied the second prong of the qualified immunity analysis: it was clearly established that a police officer may not shoot an unarmed man standing more than

    Cited 0 timesUnknown
  • Rodriguez v. Tisch

    688 F. Supp. 1530 · District Court, S.D. Florida · Jul 19, 1988

    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 … “Unless the plaintiff's allegations state a claim of violation of a clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery.” Mitchell v.

    Cited 4 timesPublished
  • Jim Nahas v. Polk County, Iowa

    Supreme Court of Iowa · Jun 9, 2023

    The “clearly established” standard is thus inherently backward-looking. … Further, whether the law was clearly established is inextricably intertwined with the new qualified immunity defense and only relevant to this case to the extent the new qualified immunity defense is operative in this

    Cited 0 timesPublished
  • Tammy D. Scarbrough, Carol C. Davis v. Bryant Myles, Jr., Chuck Hall

    245 F.3d 1299 · Court of Appeals for the Eleventh Circuit · Mar 29, 2001

    Because Hall had arguable probable cause to arrest Scarbrough and Davis, he violated no clearly established law and is entitled to qualified immunity. 9 *1304 The district judge denied immunity to Myles, who was not involved … In addressing discretionary-function immunity and qualified immunity, our court has stated that "[ujnder both Alabama law and federal law, the core issue is whether a defendant violated clearly established law.”

    Cited 116 timesPublished
  • Ruffins v. DEPARTMENT OF CORRECTIONAL SERVICES

    701 F. Supp. 2d 385 · District Court, E.D. New York · Mar 31, 2010

    “clearly established federal law” for the purposes of qualified immunity. … At the time the Second Circuit had Earley before it for consideration, the relevant law may have been clearly established for the purposes of AEDPA and not clearly established for the purposes of qualified immunity.

    Cited 7 timesPublished
  • Clark v. Louisville Jefferson County Metro Government

    District Court, W.D. Kentucky · Jan 4, 2024

    “Qualified immunity protects public officials from civil liability for damages when their conduct does not violate the plaintiff’s ‘clearly established statutory or constitutional rights of 8 Plaintiffs also move to exclude … Mills, 869 F.3d at 486 (noting the right to be clearly established as of 1992); Moldowan, 578 F.3d at 382 (recognizing that the right was clearly established in 1990); cf.

    Cited 0 timesUnknown
  • 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
  • Rodriguez v. County of Los Angeles

    96 F. Supp. 3d 990 · District Court, C.D. California · May 29, 2014

    immunity to officers who used Tasers in which courts held that Taser usage was not “clearly established.” … These theories arose from clearly established constitutional violations which, if proven, would disqualify a defendant from qualified immunity protections. Hope v.

    Cited 8 timesPublished
  • Darnell Hines v. Ashrafe Youseff

    914 F.3d 1218 · Court of Appeals for the Ninth Circuit · Feb 1, 2019

    So for the officials here to lose qualified immunity, it would have to have been clearly established that treating people of all races the same violated the Equal Protection Clause. … So we conclude that the defendants are entitled to qualified immunity. The rights that the inmates claim were not clearly established when the officials acted. Granting leave to amend would be futile.

    Cited 197 timesPublished
  • Bryant v. Texas Department of Aging & Disability Services

    781 F.3d 764 · Court of Appeals for the Fifth Circuit · Mar 25, 2015

    A defense of qualified immunity is analyzed in two parts. “First, a court must decide whether a plaintiff’s allegation, if true, establishes a violation of a clearly established right.” Id. (citation omitted). … She has thus failed to show that the reassignment violated a clearly established right and Littleton is entitled to qualified immunity on this interference claim. 8 Case

    Cited 65 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

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