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District Court, E.D. Virginia · Mar 8, 2021
The doctrine of qualified immunity “shields government officials from liability for civil damages, provided that their conduct does not violate clearly established statutory or … purposes of qualified immunity.”
Cited 0 timesUnknownMohammad Siddique v. Michael Laliberte
972 F.3d 898 · Court of Appeals for the Seventh Circuit · Aug 26, 2020
We elect to resolve this case on the second part of the qualified immunity test—whether the right was clearly established. This appeal, in its current iteration, involves only a First Amendment retaliation claim. … No such clearly established law exists.
Cited 14 timesPublished2016 Ohio 8553 · Ohio Court of Appeals · Dec 29, 2016
City of Olmsted Falls, 395 F.3d 291, 302 (6th Cir.2005). {¶13} Once qualified immunity is raised, it is the plaintiff's burden of proof to establish that the defendants are not entitled to qualified immunity. … Thus, we need not consider whether Williams is protected by qualified immunity.
Cited 1 timesPublishedPeter Clayton McClendon v. City of Columbia, City of Columbia James R. Carney
305 F.3d 314 · Court of Appeals for the Fifth Circuit · Sep 5, 2002
established law, and that he was not entitled to qualified immunity. … entitled to qualified immunity, finding that “the law on third-party entry into homes was [not] clearly established in April 1992.”
Cited 558 timesPublishedPlummer v. Department of Corrections
305 N.J. Super. 365 · New Jersey Superior Court Appellate Division · Nov 25, 1997
reasonable, thereby entitling them to qualified immunity as a matter of law. … However, the fact that the law at issue is clearly established will not deprive these defendants from the qualified immunity defense if, in light of the specific facts known to them, they could reasonably believe that probable
Cited 8 timesPublished559 S.W.3d 822 · Missouri Court of Appeals · Nov 1, 2018
Recognizing that these actions were clearly discretionary in nature, we held the kindergarten teacher in Turner was entitled to qualified official immunity. Id. at 878 . In Patton v. … As to the objective reasonableness test, Doe has not met her burden to show a violation of a constitutional, statutory, or other clearly established right.
Cited 49 timesPublishedDistrict Court, M.D. Florida · May 20, 2022
immunity on summary judgment because his qualified immunity turned on a dispute of fact). … “Falsifying facts to establish probable cause is clearly unconstitutional and has been ‘clearly established’ long before [Hernandez’s] arrest.” Mead v. McKeithen, 571 F. App’x 788, 792 (11th Cir. 2014) (per curiam).
Cited 0 timesUnknownDistrict Court, C.D. California · May 4, 2021
Qualified Immunity 20 Courts recognize qualified immunity “to balance competing values: not only the 21] importance of a damages remedy to protect the rights of citizens . . . but also ‘the need to protect … As 28 such, “[o]nce the official pleads qualified immunity, the burden is on the plaintiff to prove two elements: (1) that the right was violated; and (2) that the right was clearly established at the 2| time
Cited 0 timesUnknown987 F. Supp. 302 · District Court, D. New Jersey · Dec 5, 1997
Although most defenses of qualified immunity stand or fall on whether the right allegedly violated was “clearly established,” it is quite clear that even where the right is clearly established, the defense is still available … been clearly established.
Cited 5 timesPublished441 Mass. 311 · Massachusetts Supreme Judicial Court · Mar 26, 2004
McCabe moved for summary judgment, claiming he was entitled to qualified immunity. … The doctrine of qualified immunity shields government officials, in the course of performing discretionary tasks, from liability for civil damages “insofar as their conduct does not violate clearly established statutory or
Cited 26 timesPublishedDistrict Court, M.D. Tennessee · Sep 29, 2025
statutory or constitutional right, and (2) the unlawfulness of their conduct was clearly established at the time.” … For purposes of qualified immunity, Defendant challenges only the clearly established prong.4 Defendant argues that it was not clearly established that changing Plaintiff’s job responsibilities because of
Cited 0 timesUnknownDistrict Court, E.D. Michigan · Mar 20, 2020
further inquiries concerning qualified immunity. … Thereafter, the burden shifts to the plaintiff to establish that the defendant's conduct violated a right so clearly established that any official in his position would have clearly understood he was under an
Cited 0 timesUnknownBell v. Fort Wayne Police Department
District Court, N.D. Indiana · Jul 31, 2019
“The doctrine of 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 … The United States Supreme Court recently reiterated the standard in qualified immunity cases: Under our cases, the clearly established right must be defined with specificity.
Cited 0 timesUnknownSinaloa Lake Owners Ass'n v. City of Simi Valley
70 F.3d 1095 · Court of Appeals for the Ninth Circuit · Nov 30, 1995
While the right to due process is “clearly established” by the Due Process Clause, this level of generality was not intended to satisfy the qualified immunity standard. … that the law was clearly established, Doody was nonetheless entitled to qualified immunity because “a reasonable dam safety engineering official, similarly situated, could have believed breaching the dam was lawful.”
Cited 48 timesPublishedSugg 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 timesPublished248 S.W.3d 135 · Missouri Court of Appeals · Mar 24, 2008
Again, both Jones and Walker are public officials entitled to qualified immunity unless their immunity was lost through conduct violating a clearly established statutory or constitutional right of which a reasonable person … Wood, therefore, has failed to allege facts that adequately prove that Jones and Walker lost their qualified immunity by violating a clearly established statutory or constitutional right.
Cited 2 timesPublished529 S.W.3d 717 · Kentucky Supreme Court · Apr 1, 2016
We also conclude that the Teachers are not immune from suit on the basis of qualified official immunity. … SCHOOL ADMINISTRATORS MAKING SCHOOL POLICIES HAVE QUALIFIED OFFICIAL IMMUNITY; TEACHERS IMPLEMENTING SCHOOL POLICIES DO NOT .We begin by more clearly delineating the Estate’s arguments.
Cited 121 timesPublishedDistrict Court, W.D. Texas · Aug 7, 2024
Qualified immunity bars suit against officers in their official capacity from liability for civil damages so long as their conduct does not violate a clearly established statutory constitutional right. … Jones, 922 F.3d 309, 318 (5th Cir. 2019) (holding that before the qualified immunity inquiry discretionary authority must be established)).
Cited 0 timesUnknownArkansas Attorney General Reports · May 13, 2004
Under the doctrine of qualified immunity, an individual is immune from suit if he undertook the actions complained of in good faith in the performance of his duties and the acts do not violate any clearly established constitutional … The immunity is "qualified" because it does not apply where the activity is in violation of clearly established law that a reasonable person would have known. Id. ; Robinson v.
Cited 0 timesPublished198 Wis. 2d 24 · Court of Appeals of Wisconsin · Nov 2, 1995
Merely alleging a general violation of a right that may be clearly established by the constitution or á statute is insufficient clarity of established law to justify withholding qualified immunity. … Recognizing that the defendants' qualified immunity could be pierced "only if the specific right they violated was clearly established at the time they violated it," the K.H. court decided the issue against them.
Cited 5 timesPublished
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