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  • Swope v. Krischer

    783 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 timesPublished
  • Unwin v. Campbell

    863 F.2d 124 · Court of Appeals for the First Circuit · Dec 9, 1988

    A court must look to the “objective reasonableness of an official’s conduct, as measured by reference to clearly established law,” to determine whether the doctrine of qualified immunity applies. Id. … established law and are entitled to qualified immunity.

    Abrogated by Johnson v. Jones, 515 U.S. 304 (1995)Cited 83 timesPublished
  • Kirk Vester v. Daniel Hallock

    864 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 timesPublished
  • Derrick 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 timesPublished
  • Moody 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 timesPublished
  • Mabry ex rel. T.M. v. Lee County

    100 F. Supp. 3d 568 · District Court, N.D. Mississippi · Mar 30, 2015

    In order to overcome a claim of qualified immunity, a plaintiff is required to demonstrate “(1) that the official violated a statutory or constitutional right, and (2) that the right was ‘clearly established’ at the time … Officer Fant is accordingly entitled to qualified immunity.

    Cited 10 timesPublished
  • Bryheim Jamar Baskin v. Rafael Martinez (081982) (Camden County & Statewide)

    Supreme Court of New Jersey · Jul 9, 2020

    If the right at issue is not clearly established, then the officer alleged to have violated that right will be entitled to qualified immunity. … Many Section 1983 cases rise or fall on the “clearly established” prong of qualified immunity.

    Cited 0 timesPublished
  • Opinion No.

    Arkansas Attorney General Reports · Nov 3, 2005

    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 timesPublished
  • Kapinski 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 timesPublished
  • McCarty v. Stewart

    District 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 timesUnknown
  • David Roberts v. City of Omaha

    723 F.3d 966 · Court of Appeals for the Eighth Circuit · Jul 31, 2013

    There is no clearly established law indicating Roberts’s suggested rights applied in the circumstances of this case. The district court should have granted the officers qualified immunity on these claims. … City of Minneapolis, 596 F.3d 465, 482 (8th Cir. 2010) (explaining under “qualified immunity, a county employee may be held personally liable for a constitutional violation only if his own conduct violated a clearly established

    Cited 43 timesPublished
  • Kovacic v. Cuyahoga County Department of Children & Family Services

    724 F.3d 687 · Court of Appeals for the Sixth Circuit · Jul 31, 2013

    rights were not clearly established as of March 26, 2002. … Clearly Established Rights We now turn to whether the law was clearly established on March 26, 2002, that a social worker could not seize children from their home without a warrant, exigent circumstances, or another recognized

    Cited 71 timesPublished
  • Macri v. Brower

    District Court, N.D. Georgia · Sep 30, 2024

    Finally, to overcome the defendant’s assertion of qualified immunity, the plaintiff must show that the (7) constitutional right he contends was violated was clearly established. … Mims misapprehends exactly what law must be clearly established for purposes of the qualified immunity analysis.

    Cited 0 timesUnknown
  • Ensey v. Culhane

    727 A.2d 687 · Supreme Court of Rhode Island · Mar 30, 1999

    Bryant, 502 U.S. 224 , 112 S.Ct. 534 , 116 L.Ed.2d 589 (1991), the Supreme Court, in a per curiam opinion, made the following observation regarding qualified immunity: “Our cases establish that qualified immunity shields … Thus, the determination of qualified immunity on summary judgment has clearly been held to be appropriate.

    Cited 19 timesPublished
  • Conde v. Colorado State Department of Personnel

    18 Brief Times Rptr. 451 · Colorado Court of Appeals · Mar 10, 1994

    The plaintiffs complaint must adequately state a claim of violation of clearly established law; if not, a defendant pleading qualified immunity will be entitled to dismissal before discovery commences. Mitchell v. … Once the defendant raises a qualified immunity defense, the plaintiff assumes the burden of identifying both the clearly established law that the government official is alleged to have violated and the conduct that violated

    Cited 10 timesPublished
  • Manis v. Lawson

    585 F.3d 839 · Court of Appeals for the Fifth Circuit · Oct 16, 2009

    Alternatively, even if Zemlik used excessive force, he is nonetheless entitled to qualified immunity because his conduct was not objectively unreasonable in light of the clearly established law at the time of his actions … Therefore, Zemlik’s actions were objectively reasonable under clearly established law, and he is entitled to qualified immunity.

    Cited 219 timesPublished
  • Paugh v. Uintah County

    47 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 timesPublished
  • Strange v. Spokane County

    171 Wash. App. 585 · Court of Appeals of Washington · Oct 30, 2012

    The second question, specific to qualified immunity, is whether the constitutional right was clearly established given the specific context of the case before the court. … Qualified Immunity ¶20 Mr.

    Cited 3 timesPublished
  • Roger Miller Music, Inc., and Mary A. Miller, Plaintiffs-Appellants/cross-Appellees v. Sony/atv Publishing, Llc, Defendant-Appellee/cross-Appellant

    477 F.3d 383 · Court of Appeals for the Sixth Circuit · Feb 13, 2007

    Rather, a motion under Rule 59(e) “must either clearly establish a manifest error of law or must present newly discovered evidence.” World Univ., Inc., 978 F.2d at 16 ; FDIC v. … Winchester-Conant Prop., Inc., 322 F.3d 26, 40 (1st Cir.2003) (“Uses of the copyrighted work that stay within the scope of a nonexclusive license are immunized from infringement suits.”).

    Cited 293 timesPublished
  • Osborne v. Seymour

    164 Wash. App. 820 · Court of Appeals of Washington · Nov 9, 2011

    Qualified Immunity ¶41 “Under the doctrine of qualified immunity, government officials who perform discretionary functions are usually shielded from liability for civil damages if their conduct ‘does not violate clearly established … For qualified immunity purposes, “clearly established” means: “[T]he contours of the right must be sufficiently clear that a reasonable official would understand that what he is doing violates that right.

    Cited 17 timesPublished

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