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  • Omar Ex Rel. Cannon v. Lindsey

    243 F. Supp. 2d 1339 · District Court, M.D. Florida · Jan 14, 2003

    Qualified Immunity Defendants, all of whom are being sued in them individual capacities, raise the defense of qualified immunity. … Last spring, the Supreme Court handed down a decision that clarifies how a court is to determine whether a particular right was “clearly established” for the purposes of a qualified immunity analysis. In Hope v.

    Cited 7 timesPublished
  • Shearer v. Leuenberger

    256 Neb. 566 · Nebraska Supreme Court · Apr 2, 1999

    Whether an official may prevail in his or her qualified immunity defense depends upon the “ ‘objective reasonableness of [his or her] conduct as measured by reference to clearly established law.’ ” Id. … Hence, our analysis turns to whether or not that right was “clearly established” at the time of the alleged violation.

    Disapproved on other grounds by Simon v. City of Omaha, 267 Neb. 718 (2004)Cited 32 timesPublished
  • Van Sandt v. Brown

    944 P.2d 449 · Alaska Supreme Court · Aug 22, 1997

    Under federal case law, 5 a law enforcement officer is entitled to qualified immunity when performing a search and seizure if, in light of clearly established law and the information available to the officer at the time, … This rule was “clearly established law” at the time Brown searched Van Sandt’s trailer.

    Cited 16 timesPublished
  • Riddle v. City of Ottawa

    12 Kan. App. 2d 714 · Court of Appeals of Kansas · May 20, 1988

    If the law was clearly established, the immunity defense ordinarily should fail, since a reasonably competent public official should know the law governing his conduct. … If he did so act, he is entitled to qualified immunity.”

    Cited 21 timesPublished
  • West Virginia Department of Health, Office of the Chief Medical Examiner, and Allen R. Mock, M.D. v. Dr. Patsy Cipoletti, Jr., Administrator of the Estate of June Cipoletti

    West Virginia Supreme Court · May 21, 2024

    whether qualified immunity applies on a “case-by-case basis.” 7 We recently summarized our qualified immunity jurisprudence as follows: Qualified immunity is an immunity from suit afforded … Va. 573, 587, 10 Respondent relies on the MPLA as the basis for his position that he has alleged the violation of a “clearly established statutory right” to defeat Petitioners’ claim to qualified immunity

    Cited 0 timesPublished
  • Chadha v. Charlotte Hungerford Hospital

    272 Conn. 776 · Supreme Court of Connecticut · Feb 15, 2005

    qualified immunity pursuant to General Statutes §§ 19a-20 and 19a-17b. … In its memorandum of decision, the court concluded that the defendants were protected by qualified immunity, pursuant to §§ 19a-20 and 19a-17b, and that qualified immunity and not absolute immunity applied to the defendants

    Cited 79 timesPublished
  • Willard Berry v. Brian Doss

    900 F.3d 1017 · Court of Appeals for the Eighth Circuit · Aug 20, 2018

    Katz, 533 U.S. 194 (2001), and argued that, because there was no evidence they ignored Berry’s complaint, they did not violate a clearly established Eighth Amendment right and thus were entitled to qualified immunity. … Our jurisdiction to consider an appeal of an order denying summary judgment based on qualified immunity is limited to “‘the purely legal issue’ of ‘whether the facts . . . alleged support a claim of violation of clearly established

    Cited 12 timesPublished
  • Stephen Hill v. City of Fountain Valley

    70 F.4th 507 · Court of Appeals for the Ninth Circuit · Jun 1, 2023

    In short, qualified immunity applies because the Hills have not offered any factually analogous case “clearly 16 HILL V. … Because this law was clearly established at the time of the events here, the officers are not entitled to qualified immunity.

    Cited 21 timesPublished
  • Sheldon v. City of Ambler

    178 P.3d 459 · Alaska Supreme Court · Mar 14, 2008

    Using the Saucier analysis, the superior court held that Jones and the City of Ambler were protected by qualified immunity because “[t]here was no clearly established law ... that would have given a reasonable officer notice … "If the law d[oes] not put the officer on notice that his conduct would be clearly unlawful, summary judgment based on qualified immunity is appropriate." Id. at 202, 121 S.Ct. 2151 . 12 .

    Cited 11 timesPublished
  • Whiting v. Tunica County

    222 F. Supp. 2d 809 · District Court, N.D. Mississippi · Jul 19, 2002

    — was also clearly established. … The Court notes, under the first prong of the qualified immunity analysis, that the contours of this constitutional violation for qualified immunity purposes were clearly established at the relevant time.

    Cited 8 timesPublished
  • Lum v. Koles

    314 P.3d 546 · Alaska Supreme Court · Dec 13, 2013

    established’ . . . .”) … The officers’ conduct was reasonable and certainly does not violate clearly established law, unlike that of the officers in Headwaters Forest Defense v.

    Cited 22 timesPublished
  • Steven Taylor v. Robert Caples

    2 F.4th 1124 · Court of Appeals for the Eighth Circuit · Jul 1, 2021

    Because material disputes of fact must be resolved before we can reach the legal argument of whether Caples’s conduct violates clearly established law, we dismiss the appeal for lack of jurisdiction. I. … violated a clearly established federal right.

    Cited 9 timesPublished
  • Stephen Burrell v. Mike McIlroy Glen C. Rector Jeff Thorpe

    464 F.3d 853 · Court of Appeals for the Ninth Circuit · Sep 20, 2006

    Moreover, even if Rule 41 were applicable to the search, at the time of the search the failure to serve a warrant at the outset of a search was not a clearly established violation of the constitution. … Thus, on the facts of this case, the district court did not err in finding that the detectives were entitled to qualified immunity on this issue.

    Cited 34 timesPublished
  • Mason-Funk v. City of Neenah

    895 F.3d 504 · Court of Appeals for the Seventh Circuit · Jul 10, 2018

    Even if the officers had used unreasonable force, the court concluded they were entitled to qualified immunity because the officers did not violate a clearly established right. Id. at 1016-22 . … "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." Kisela v.

    Cited 17 timesPublished
  • Duncan v. City of Sandy Springs

    District Court, N.D. Georgia · Sep 14, 2020

    was clearly established when the violation occurred. … To overcome qualified immunity, the plaintiff bears the burden of showing that a defendant violated clearly established law. See Johnson v. Conway, 688 F. App’x 700, 706 (11th Cir. 2017).

    Cited 0 timesUnknown
  • Kyle v. Civil Service Com'n

    588 So. 2d 1154 · Louisiana Court of Appeal · Jan 3, 1992

    Economou, 438 U.S. 478 , 98 S.Ct. 2894 , 57 L.Ed.2d 895 (1978). [4] However, we need not decide whether absolute immunity applies to the present factual situation since we find that the doctrine of qualified immunity is clearly … Considering the above cited principles, we now review the pleadings in this matter to determine whether the plaintiff has set forth material facts establishing that the defendants violated a clearly established right of which

    Cited 20 timesPublished
  • Kenneth Ratliff v. Aransas County, Texas

    948 F.3d 281 · Court of Appeals for the Fifth Circuit · Jan 15, 2020

    He offered the testimony because of a failing memory and to rebut the deputies’ qualified immunity defense in this § 1983 case. … The second “asks whether the right in question was ‘clearly established’ at the time of the violation.” Id. at 656.

    Cited 156 timesPublished
  • Kersavage v. University of Tennessee

    731 F. Supp. 1327 · District Court, E.D. Tennessee · Dec 5, 1989

    Moreover, the Court does not believe that qualified immunity applies to the individual defendants as a matter of law because the law of patent infringement is clearly established, relegating the application of such immunity … Reconsideration of Qualified Immunity The two individual defendants reassert their defense of qualified immunity, contending that under applicable precedent they could not have known that their conduct violated established

    Cited 5 timesPublished
  • Feltman v. Europe

    District Court, D. Colorado · Jan 18, 2022

    Once the qualified immunity defense is raised, the burden shifts to the plaintiff to demonstrate that the law was clearly established at the relevant time. Thomas v. Kaven, 765 F.3d 1183, 1194 (10th Cir. 2014). … According to the Tenth Circuit, “[i]n other words, ‘[g]eneral statements of the law can clearly establish a right for qualified immunity purposes if they apply with obvious clarity to the specific conduct in question.

    Cited 0 timesUnknown
  • Hoefling v. City of Miami

    17 F. Supp. 3d 1227 · District Court, S.D. Florida · May 6, 2014

    “Unless the plaintiffs allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery.” Behrens v. … On a motion to dismiss, “[t]o evaluate claims of qualified immunity, the Court considers whether (1) the plaintiff has alleged a violation of a constitutional right; and (2) whether the right was ‘clearly established’ at

    Cited 1 timesPublished

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