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Phoenician Mediterranean Villa, LLC v. Swope
554 B.R. 747 · District Court, W.D. Pennsylvania · Jul 27, 2016
Appellant argues that Trustee Swope is not entitled to qualified immunity because she violated its clearly established rights and because a reasonable Chapter 7 Trustee would have believed that evicting Appellant from the … Appellant has failed to identify any authority establishing that a trustee is not entitled to immunity.
Cited 11 timesPublished825 F.2d 772 · Court of Appeals for the Fourth Circuit · Aug 10, 1987
Baker’s qualified immunity defense. … "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."
Abrogated by Horton v. California, 496 U.S. 128 (1990)Cited 75 timesPublished420 F. App'x 466 · Court of Appeals for the Fifth Circuit · Apr 4, 2011
Callahan, 555 U.S. 223 , 129 S.Ct. 808, 816 , 172 L.Ed.2d 565 (2009) (denying qualified immunity when the plaintiff alleges violation of a constitutional right and such violation was objectively unreasonable under clearly … is entitled to qualified immunity.”
Cited 0 timesPublished328 F. App'x 16 · Court of Appeals for the Second Circuit · May 6, 2009
A grant of qualified immunity allows public officials to be “shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … Be *20 cause the Individual Defendants did not violate a First Amendment right clearly-established as of 2002, we conclude that they are entitled to qualified immunity, and the district court must be reversed.
Cited 0 timesPublishedArvil Hall v. Jon Shipley, Don Boles, Phillip Nall, and Sgt. Jack Mansfield
932 F.2d 1147 · Court of Appeals for the Sixth Circuit · May 8, 1991
The right asserted by Hall was not so clearly established in this circuit as to defeat the officers’ claim of qualified immunity. … did acts which violate clearly established rights.
Cited 65 timesPublishedArthur Jackson v. W.I. Hollowell
714 F.2d 1372 · Court of Appeals for the Fifth Circuit · Sep 22, 1983
Qualified Immunity Longstanding precedent establishes the appellants’ entitlement to the benefit of the qualified immunity defense previously recognized in Scheuer v. … Although the defendants have failed to demonstrate their entitlement to the protections of qualified immunity, a separate inquiry must be made to determine whether Jackson adequately demonstrated that his clearly established
Cited 8 timesPublishedTyrone Cameron v. City of Des Moines
Court of Appeals for the Eighth Circuit · Feb 26, 2026
Officer Meunsaveng has invoked qualified immunity. … See Pearson, 555 U.S. at 236 (noting that courts can analyze qualified immunity by first addressing whether an at-issue right was clearly established).
Cited 0 timesPublishedOladeinde v. City of Birmingham
963 F.2d 1481 · Court of Appeals for the Eleventh Circuit · Jun 24, 1992
Rule 12(b)(6) and Qualified Immunity At this early stage in the proceedings, the Rule 12(b)(6) defense and the qualified-immunity defense become intertwined. … Fed.R.Civ.P. 12(b)(6). 5 Under the qualified-immunity defense, defendants are immune from liability and even from trial if plaintiffs’ complaint fails to state a violation of “clearly established statutory or constitutional
Overruled on other grounds by Leatherman v. Tarrant County Narcotics Intelligence and Coordination Unit, 507 U.S. 163 (1993)Cited 139 timesPublishedX-Men Security, Inc. v. Pataki
196 F.3d 56 · Court of Appeals for the Second Circuit · Nov 2, 1999
The qualified-immunity doctrine shields “government officials performing discretionary functions ... from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … Thus, when the district court has denied a qualified-immunity motion, its rulings that the plaintiff has sufficiently alleged the violation of a constitutional right and that that right was clearly established at the time
Cited 40 timesPublished949 F. Supp. 2d 777 · District Court, M.D. Tennessee · Jun 12, 2013
defenses,” such as absolute immunity and/or qualified immunity. … QUALIFIED IMMUNITY A.
Reversed on other grounds by Occupy Nashville v. William Haslam, 769 F.3d 434 (2014)Cited 3 timesPublishedJonathan Hedgpeth v. Ammar Rahim
893 F.3d 802 · Court of Appeals for the D.C. Circuit · Jun 26, 2018
The court also held that Officer Rahim was entitled to qualified immunity on the excessive- force claim because no clearly established law prohibited the takedown maneuver he allegedly used to effect the arrest. … Even if there is a genuine dispute about the reasonableness of an officer’s use of force, he is protected by qualified immunity unless his force violated clearly established law. See Kisela, 138 S.
Cited 30 timesPublished94 F.3d 1446 · Court of Appeals for the Tenth Circuit · Aug 27, 1996
This is hardly the language of a clearly established right. … We hold that Garramone’s right to counsel under the Due Process Clause was not clearly established, and thus Romo and Sanchez are entitled to qualified immunity on that claim.
Cited 66 timesPublished487 F. Supp. 2d 340 · District Court, W.D. New York · May 7, 2007
To establish qualified immunity, a defendant must show “either ‘(a) the defendant’s action did not violate clearly established law, or (b) it was objectively reasonable for the defendant to believe that his action did not … Oct. 20, 2006) (“an officer’s violation of clearly established state law is not enough to overcome qualified immunity in a § 1983 suit.
Cited 4 timesPublished914 F.3d 8 · Court of Appeals for the First Circuit · Jan 24, 2019
See id.; see also id. at 22 ("This would be a different case if the evidence clearly established that Castañeda had guilty knowledge[.]"); cf. Negusie v. … I.N.S., 434 F.3d 136, 144 (2d Cir. 2006) (culpability established by awareness). Alvarado also cites several cases that discuss what conduct constitutes "assistance." See Hernandez v.
Cited 9 timesPublished128 F.3d 301 · Court of Appeals for the Sixth Circuit · Oct 16, 1997
The grounds on which the defendants relied included both absolute immunity and qualified immunity. … action is a violation) violates a clearly established right.
Cited 30 timesPublished764 F.2d 1024 · Court of Appeals for the Fourth Circuit · Jun 21, 1985
It is a well established principle that qualified immunity, which is the most in the way of immunity to which the defendants are entitled, see Procunier v. … Navarette, 434 U.S. 555, 561 , 98 S.Ct. 855, 859 , 55 L.Ed.2d 24 (1978) (State prison officials and officers were not entitled to absolute immunity in § 1983 action but were entitled to qualified immunity), is a matter on
Cited 15 timesPublishedDistrict Court, District of Columbia · Mar 13, 2026
Overcoming a claim of qualified immunity requires a plaintiff to show both “[1] that an official violated a constitutional right and [2] that the right was clearly established at the time of the violation.” Doe v. … Bagshaw claims qualified immunity over the supervisor liability claim, so White must again show both a violation of a constitutional right and that the asserted right was clearly established.
Cited 0 timesPublishedRegion VII, Mental Health-Mental Retardation Center v. Isaac
523 So. 2d 1013 · Mississippi Supreme Court · Apr 13, 1988
suit as well as the qualified immunity owing to the public officials employed therein. [1] The seminal decision of Pruett v. … Chawla, was protected from liability by the doctrine of sovereign immunity or by the qualified immunity given to public officials acting in a discretionary capacity within the scope of their duties. Dr.
Cited 20 timesPublished126 F.4th 1091 · Court of Appeals for the Fifth Circuit · Jan 28, 2025
“Qualified immunity protects officers from suit unless their conduct violates a clearly established [statutory or] constitutional right.” Converse v. City of Kemah, 961 F.3d 771, 774 (5th Cir. 2020) (quoting Mace v. … And, as noted, because Plaintiff fails to allege violation of a constitutional right, we do not reach the second prong of the qualified-immunity test—whether that right was clearly established at the time of the violation
Cited 19 timesPublishedAnastausia Sepulveda v. R. Ramirez, Cresa B. Appleby, Parole Agent Jim Ludwig
967 F.2d 1413 · Court of Appeals for the Ninth Circuit · Jun 26, 1992
We hold that Officer Ludwig was not entitled to summary judgment based on qualified immunity. At the time of Officer Ludwig’s alleged actions, Ninth Circuit law clearly established Sepulveda’s right to bodily privacy. … Any right she may have in not having a parole officer observe her while she produced a urine sample, however, in my view is not so “clearly established” as to abrogate appellants’ qualified immunity.
Cited 51 timesPublished
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