Case law
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677 F. Supp. 882 · District Court, S.D. Mississippi · Jan 13, 1988
ground of qualified immunity. … qualified immunity.
Cited 2 timesPublished150 Idaho 856 · Idaho Supreme Court · May 18, 2011
If a government official violates the claimant’s constitutional rights, qualified immunity “generally turns on the objective reasonableness of the action assessed in light of the legal rules that were clearly established … qualified-immunity inquiry instead.
Cited 35 timesPublished98 F.3d 447 · Court of Appeals for the Ninth Circuit · Oct 11, 1996
The Supreme Court has established a three-part test for Article III standing. … immunity.
Cited 0 timesPublished783 So. 2d 1164 · District Court of Appeal of Florida · Apr 18, 2001
In discussing the requirement that the law be clearly established, the court stated: For the law to be clearly established to the point that qualified immunity does not apply, the law must have earlier been developed in such … The complaint does not show a violation of a clearly established right by these defendants. Therefore, qualified immunity protects appellees.
Cited 1 timesPublished840 F. Supp. 489 · District Court, N.D. Ohio · Oct 6, 1993
The deputies are clearly entitled to qualified immunity.”); Jones v. City of Upper Arlington, 986 F.2d 1421 (6th Cir.1993); Walton v. City of Southfield, 995 F.2d 1331 (6th Cir.1993). … It also seems that once you have determined the need for the defense of [qualified immunity], ... as a matter of law ... the officer has acted unreasonably ... and has violated clearly established law. Yates v.
Cited 6 timesPublishedMarglli Gallego v. Ivette Perez
Court of Appeals for the Eleventh Circuit · Jun 11, 2024
DISCUSSION “Qualified immunity shields public officials from liability for civil damages when their conduct does not violate a constitutional right that was clearly established at the time … “[I]f a plaintiff cannot show that the law at issue was clearly established under the first . . . method, that usually means qualified immunity is appropriate.” King v.
Cited 0 timesUnpublished864 F.3d 884 · Court of Appeals for the Eighth Circuit · Jul 25, 2017
“We analyze qualified immunity in two steps: (1) whether the facts that a plaintiff has alleged . . . make out a violation of a constitutional right; and (2) whether the right at issue was clearly established at the time … However, as the district court correctly noted, “‘Qualified immunity is no immunity at all if clearly established law’ can be defined at such a ‘high level of generality.’” See City & Cty. of S.F., Calif. v.
Cited 20 timesPublished151 F.3d 1 · Court of Appeals for the First Circuit · Jul 22, 1998
When a supervisor seeks qualified immunity in a section 1983 action, the "clearly established" prong of the qualified immunity inquiry is satisfied when (1) the subordinate's actions violated a clearly established constitutional … Responding to these allegations, each defendant claims qualified immunity and, because both the rights in question and each defendant's susceptibility to supervisory liability are clearly established, these qualified immunity
Cited 249 timesPublishedDerrick Dutton v. Sheryl Hayes-Pupko
Texas Court of Appeals, 3rd District (Austin) · Aug 7, 2008
He asserted that Hayes-Pupko had to overcome his assertion of qualified immunity by proving that he (1) violated her clearly established rights and (2) acted unreasonably or in bad faith in doing so. … Discussion "A government official performing discretionary functions is entitled to qualified immunity unless his conduct violates clearly established statutory or constitutional rights of which a reasonable person would
Cited 0 timesPublishedMoody v. Michigan Gaming Control Board
202 F. Supp. 3d 756 · District Court, E.D. Michigan · Aug 15, 2016
Therefore, because a reasonable officer would have believed his actions to be lawful, the rights at issue were not clearly established. Accordingly, the Defendants are entitled to qualified immunity on these claims. C. … Finally, the Defendants argue that they are still entitled to qualified immunity because any violation did not involve a clearly established right that a reasonable person would have known. Dkt. No. 144 at 30-31 (Pg.
Cited 2 timesPublished145 N.C. App. 70 · Court of Appeals of North Carolina · Jul 17, 2001
They may, however, defend by raising the defense of qualified immunity. Id. … Qualified immunity protects public officials from personal liability for performing official, discretionary functions if the conduct “does not violate clearly established statutory or constitutional rights of which a reasonable
Cited 31 timesPublishedKapinski v. City of Albuquerque
964 F.3d 900 · Court of Appeals for the Tenth Circuit · Jul 6, 2020
In response, Detective Juarez moved for summary judgment on the basis of qualified immunity, arguing that omitting the video footage did not transgress any clearly established law. … clearly established.”
Cited 49 timesPublishedDistrict Court, S.D. Alabama · Apr 22, 2021
Jordan’s constitutional rights in light of the clearly established law at that time”); Lee v. … White, 703 F.3d 147, 152 (5th Cir. 1983)(finding the officer was entitled to qualified immunity because he was following an order of his supervisor in arresting the plaintiff and there
Cited 0 timesUnknown47 F.4th 1139 · Court of Appeals for the Tenth Circuit · Sep 7, 2022
Qualified Immunity Standard of Review “The doctrine of qualified immunity shields officials from civil liability so long as their conduct ‘does not violate clearly established statutory or constitutional rights … The Law is Clearly Established The district court held that the law was clearly established.
Cited 72 timesPublished55 F.4th 167 · Court of Appeals for the Third Circuit · Nov 28, 2022
immunity grounds, finding Clark failed to allege the violation of a clearly established right. … Qualified Immunity “The doctrine of qualified immunity shields officials from civil liability so long as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable
Cited 218 timesPublishedPatrick A. Dadd v. Anoka County
827 F.3d 749 · Court of Appeals for the Eighth Circuit · Jun 30, 2016
Anoka also rests its claim for qualified immunity on the argument that Dadd’s right to treatment in this particular situation was not clearly established, the second prong of the qualified immunity analysis. … Even if a complaint fairly alleges a violation of a constitutional right, an official is nevertheless entitled to qualified immunity if that right was not clearly established at the time of the violation.
Cited 104 timesPublishedNeil Morgan v. Fairfield Cty., Ohio
903 F.3d 553 · Court of Appeals for the Sixth Circuit · Sep 6, 2018
The district court was correct to conclude that the law was not clearly established, so that the claims against the individual officers failed on qualified immunity grounds. … Specifically, the court held, qualified immunity was appropriate because even if intruding onto the curtilage violated the Fourth Amendment, it was not clearly established that such an action was a violation at the time of
Cited 128 timesPublishedCassady v. Yellowstone County Montana Sheriff Department
333 Mont. 371 · Montana Supreme Court · Sep 6, 2006
We now turn to the issue of whether the Officers’ failure to knock and announce was reasonable for purposes of determining qualified immunity. ¶42 b) Was the knock and announce rule clearly established in the context of the … Instead, the Court remanded to consider whether the law was clearly established in a more ‘“particularized sense’” to answer the question of qualified immunity. Brosseau, 543 U.S. at 199 , 125 S.Ct. at 599 .
Cited 6 timesPublishedRonald Kramer v. Mary Cullinan
878 F.3d 1156 · Court of Appeals for the Ninth Circuit · Jan 3, 2018
Cullinan was entitled to qualified immunity. … Cullinan’s actions violated a “clearly established” right. White, 137 S. Ct at 552. III. CONCLUSION Dr. Cullinan was entitled to qualified immunity.
Cited 23 timesPublishedJones v. American Alternative Insurance Corp
District Court, W.D. Louisiana · Mar 31, 2022
Nonetheless, the docttine of qualified immunity shields government officials from liability for claims against them in their individual capacities “insofar as their conduct does not violate clearly established statutory … Dyer, 964 F.3d at 383-85 (citing pre-2020 cases for clearly established law). Thus, Plaintiffs have successfully overcome the Police Officer Defendants’ qualified immunity defense at the motion to dismiss stage.
Cited 0 timesUnknown
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