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  • Sugg v. Albuquerque Public School District

    128 N.M. 1 · New Mexico Court of Appeals · Aug 16, 1999

    Qualified immunity is subject to the collateral order doctrine which grants this Court appellate jurisdiction over suits barred by qualified immunity because qualified immunity is a final bar to suit and is therefore immediately … that the law was clearly established at the time when the alleged violation occurred.

    Cited 6 timesPublished
  • Manchester v. State of Louisiana

    District Court, M.D. Louisiana · Nov 13, 2024

    Again, qualification examinations are generally conducted at the pretext stage of a Title VII failure-to-promote analysis, and even if Plaintiff were “clearly better qualified,” Toval, 614 F. … dofes] not establish that [an applicant] is clearly better qualified” (quoting Price v. Fed. Express Corp., 283 F.3d 715, 723 (5th Cir. 2002)); see also Deines v. Tex.

    Cited 0 timesUnknown
  • Wallace v. King

    626 F.2d 1157 · Court of Appeals for the Fourth Circuit · Jul 1, 1980

    Cited 57 timesPublished
  • Doe v. Connecticut Department of Children & Youth Services

    712 F. Supp. 277 · District Court, D. Connecticut · May 17, 1989

    Qualified Immunity Qualified or “good faith” immunity protects government officials performing discretionary functions from liability to the extent that their “conduct does not violate clearly established statutory or constitutional … the legal rules that were ‘clearly established’ at the time it was taken.”

    Cited 15 timesPublished
  • Mosher

    District Court, D. Arizona · Mar 9, 2026

    Clearly Established Right 21 Although a jury could find that Defendants violated Plaintiff’s constitutional rights, 22 an “official is entitled to qualified immunity unless … established at the time of the incident and holds that 8 || Defendant Wick is entitled to qualified immunity.

    Cited 0 timesUnknown
  • Finlan v. Dallas Independent School District

    90 S.W.3d 395 · Texas Court of Appeals, 11th District (Eastland) · Nov 27, 2002

    The defense of qualified immunity shields governmental officials from liability under Section 1983 for civil damages if “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … It did not address the first inquiry in the qualified immunity analysis; that is, it did not address the question of law whether the law was clearly established in 1992 that the filing of a civil suit, alleged to be malicious

    Cited 35 timesPublished
  • Hooks v. Warren, City of

    District Court, E.D. Michigan · Mar 30, 2024

    Of course, qualified immunity would protect officers if their conduct did not violate clearly established rights. Pearson v. Callahan, 555 U.S. 223, 231 (2009). … Though there are some differences between qualified immunity and Michigan statutory governmental immunity—qualified immunity uses an objective standard to evaluate reasonableness, for instance, while Michigan

    Cited 0 timesUnknown
  • Ex parte B.T. Roberts, in his capacity as a member of the Auburn University Board of Trustees PETITION FOR WRIT OF MANDAMUS (In re: Patti H. Northcutt and Walter M. Northcutt v. B.T. Roberts, in his capacity as a member of the Auburn University Board of Trustees) (Lee Circuit Court: CV-22-900114).

    Supreme Court of Alabama · Jun 27, 2025

    'To overcome qualified immunity, the plaintiff must satisfy a two-prong test; he must show that: (1) the [public official] violated a constitutional right, and (2) this right was clearly established at the … as follows: "To defeat Lawton's qualified immunity, Echols must also prove that Lawton violated a constitutional right that 'was "clearly established" at the time of the challenged conduct.'

    Cited 0 timesPublished
  • Barbara Coleman v. Houston Independent School District, Anita Ellis

    113 F.3d 528 · Court of Appeals for the Fifth Circuit · May 19, 1997

    “Denial of summary judgment on the ground of qualified immunity is immediately appealable to the extent that the question on appeal is whether the undisputed facts amount to a violation of clearly established law.” … a clearly established constitutional right.

    Cited 633 timesPublished
  • Sweatman v. Giles

    161 So. 3d 212 · Court of Civil Appeals of Alabama · Apr 19, 2013

    ‘An official is entitled to qualified immunity if he is performing discretionary functions and his actions do “‘not violate clearly established statutory or constitutional rights of which a reasonable person would have known … [’] complaint fails to allege a violation of a clearly established constitutional right.

    Cited 3 timesPublished
  • Davison v. Plowman

    247 F. Supp. 3d 767 · District Court, E.D. Virginia · Mar 28, 2017

    Defendant is entitled to qualified immunity with respect to his decision to block Plaintiff from further . posting on the Loudoun County Commonwealth’s Attorney Facebook Page. • Qualified ■ immunity . serves to shield government … In evaluating whether Defendant is entitled to qualified immunity, the Court must determine “(1) whether the plaintiff has established the violation of a constitutional right, and (2) whether that right was clearly established

    Cited 17 timesPublished
  • Greiner v. City of Champlin

    816 F. Supp. 528 · District Court, D. Minnesota · Mar 9, 1993

    Moreover, plaintiffs argue that because a reasonable officer would have known that the orders to leave the party violated clearly established constitutional rights, qualified immunity is not available. … Defendants argue that none of the arrests violated plaintiffs’ clearly established constitutional rights and therefore qualified immunity applies.

    Cited 12 timesPublished
  • Hannah David v. Gina Kaulukukui

    38 F.4th 792 · Court of Appeals for the Ninth Circuit · Jun 27, 2022

    Qualified immunity shields government officials from liability for civil damages unless their conduct “violated a clearly established constitutional right.” Williamson v. … To determine whether an official is entitled to qualified immunity, the court asks “(1) whether the [official’s] conduct violated a constitutional right, and (2) whether that right was clearly established at the time of the

    Cited 40 timesPublished
  • Damon Wilson v. Prince George's County, Md

    893 F.3d 213 · Court of Appeals for the Fourth Circuit · Jun 18, 2018

    Nevertheless, we affirm the district court’s determination that Officer Gill is entitled to qualified immunity, because we hold that the constitutional violation was not clearly established when the incident occurred. … A right need not be recognized by a court in a specific factual context before such right may be considered “clearly established” for purposes of qualified immunity.

    Cited 235 timesPublished
  • Osborne v. Vincent

    District Court, D. Oregon · Aug 11, 2025

    violated a clearly established constitutional right. … Pauly, 580 U.S. 73, 78-79 (2017) (“Qualified immunity attaches when an official’s conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”)

    Cited 0 timesUnknown
  • Gregory Baldwin v. City of Estherville, Iowa Matt Reineke, Individually and in His Official Capacity as an Officer of the Estherville Police Department and Matt Hellickson, Individually and in His Official Capacity as an Officer of the Estherville Police Department

    915 N.W.2d 259 · Supreme Court of Iowa · Jun 29, 2018

    to believe that their actions would not violate a clearly established right of the plaintiff's under the circumstances." 284 Conn. 502 , 935 A.2d 126 , 144 (2007). … Qualified immunity would be available "if the defendant show[ed] that the state constitutional right alleged to have been violated was not clearly established." Id. at 1094 .

    Cited 30 timesPublished
  • Bettio v. Village of Northfield

    775 F. Supp. 1545 · District Court, N.D. Ohio · Oct 18, 1991

    asserted is clearly established. … As such, there being no clearly established right in existence as to this portion of the claim, Satola and Varga do not lose the protection of qualified immunity here.

    Cited 20 timesPublished
  • Edmiston v. City Of Port Angeles

    360 F. Supp. 3d 1147 · District Court, W.D. Washington · Dec 21, 2018

    Therefore, in the absence of authority demonstrating that the right was clearly established, Officer Brusseau is entitled to qualified immunity. … Nor can Edmiston negate that Officer Brusseau is entitled to qualified immunity on the search issue, if a search indeed occurred, in the absence of clearly established law.

    Cited 4 timesPublished
  • Novitsky v. City of Aurora

    491 F.3d 1244 · Court of Appeals for the Tenth Circuit · Jul 5, 2007

    Novitsky’s first claim, the district court concluded the officers were entitled to qualified immunity because, on June 9, 2001, they did not violate clearly established law by removing M r. … W e therefore turn to the second prong of the qualified immunity analysis, asking whether Officer W ortham violated clearly established law. 2.

    Cited 118 timesPublished
  • John E. Green v. J. Kenneth Brantley, Edgar v. Lewis, Craig R. Smith, Garland P. Castleberry

    941 F.2d 1146 · Court of Appeals for the Eleventh Circuit · Sep 12, 1991

    The doctrine of qualified immunity affords immunity from suit to government officials performing discretionary functions as long as “their conduct does not violate clearly established statutory or constitutional rights of … that make out violations of clearly established law.

    Cited 26 timesPublished

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