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  • Drennon v. Blades

    District 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 timesUnknown
  • Petzak v. Nevada Ex Rel. Department of Corrections

    579 F. Supp. 2d 1330 · District Court, D. Nevada · Sep 23, 2008

    Dobel’s motion (# 18) for summary judgment raises only the issue of qualified immunity. A. Qualified Immunity and Money Damages Qualified immunity is a valid defense for a public official in an action for damages. … right in question was clearly established in the specific context of the case.

    Cited 5 timesPublished
  • Walker v. Corizon Health

    947 F.3d 1244 · Court of Appeals for the Tenth Circuit · Jan 14, 2020

    This court may choose to address either of the two qualified-immunity requirements first because, if “the plaintiff fails to establish either prong of the two-pronged qualified immunity standard, the defendant prevails on … immunity, the complaint must allege specific facts showing each defendant violated the defendant’s clearly established constitutional rights).

    Cited 106 timesPublished
  • 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
  • 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
  • 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
  • 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
  • Harvey v. Nichols

    260 Ga. App. 187 · Court of Appeals of Georgia · Feb 27, 2003

    The doctrine of official immunity, also known as qualified immunity, offers public officers and employees limited protection from suit in their personal capacity. … Qualified immunity protects individual public agents from personal liability for discretionary actions taken within the scope of their official authority, and done without wilfulness, malice, or corruption.

    Disapproved on other grounds by City of Richmond Hill v. Maia, 301 Ga. 257 (2017)Cited 34 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
  • 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
  • Tuchman v. State

    89 Conn. App. 745 · Connecticut Appellate Court · Jun 24, 2005

    The plaintiffs claim that the court improperly concluded that it lacked subject matter jurisdiction to entertain the action on the basis of the doctrines of sovereign immunity, qualified immunity and statutory immunity. … “Qualified immunity shields government officials performing discretionary functions from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which

    Cited 23 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
  • 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
  • Marvin Mead v. Charles Palmer

    794 F.3d 932 · Court of Appeals for the Eighth Circuit · Jul 24, 2015

    In determining whether the defendants should receive qualified immunity, this court evaluates *936 (1) whether the facts alleged, construed in the light most favorable to [Mead], establish a violation of a constitutional … The district court denied qualified immunity to the nurse practitioners. Id.

    Cited 23 timesPublished

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