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  • Carnell v. Grimm

    872 F. Supp. 746 · District Court, D. Hawaii · Dec 27, 1994

    Qualified Immunity Plaintiff enjoys a clearly established right against arrest without probable cause. See Floyd v. Laws, 929 F.2d 1390, 1394 (9th Cir.1991) (right is clearly established). … the qualified immunity standard requires more than the firm establishment of a generalized right.

    Cited 14 timesPublished
  • Williams v. Pate

    463 S.W.3d 734 · Court of Appeals of Arkansas · May 20, 2015

    Appellees filed an answer asserting the affirmative defense of qualified immunity. … of qualified immunity.

    Cited 4 timesPublished
  • Thomas Ingrassia v. Carol Dicknette

    825 F.3d 891 · Court of Appeals for the Eighth Circuit · Jun 13, 2016

    “Qualified immunity may protect government officials from liability under 42 U.S.C. § 1983, but not if their conduct violated clearly established statutory or constitutional rights of which a reasonable person would have … Defendants contend that, even if questions of material fact remain whether Ingrassia was denied adequate nutrition, the right to adequate nutrition was not clearly established, warranting qualified immunity.

    Cited 77 timesPublished
  • Vitalone v. Curran

    665 F. Supp. 964 · District Court, D. Maine · Jul 17, 1987

    The court held that Anderson did not enjoy qualified immunity, because “the Creightons’ fourth amendment rights and the ‘exigent circumstances’ doctrine were ‘clearly established’ on [the date of the search].” … Thus, to win summary judgment on the ground of qualified immunity, defendants must establish either that the law establishing the right allegedly violated was not clearly established, or that, in light of the facts and circumstances

    Cited 4 timesPublished
  • Royal Crown Day Care LLC v. Department of Health & Mental Hygiene

    746 F.3d 538 · Court of Appeals for the Second Circuit · Mar 19, 2014

    Defendants’ Qualified Immunity Defense “The defendants are entitled to qualified immunity if they can establish either that (1) ‘a constitutional right was [not] violated’ or (2) ‘the right was [not] clearly established.’ … established.

    Cited 234 timesPublished
  • Randy Berkshire v. Debra Dahl

    928 F.3d 520 · Court of Appeals for the Sixth Circuit · Jun 28, 2019

    “In civil suits for money damages, government officials acting in their official capacity are entitled to qualified immunity for discretionary acts which do not violate clearly established law of which a reasonable person … Page 23 Accordingly, Berkshire has produced sufficient evidence to show a violation of a clearly established constitutional right, and he can survive Sergeant Nelson’s assertion of qualified immunity.

    Cited 1,379 timesPublished
  • Marglli 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 timesUnpublished
  • Baer v. Leach

    2014 DNH 214 · District Court, D. New Hampshire · Nov 24, 2015

    Finally, Baer argues that Leach cannot be entitled to qualified immunity because the right to be free from arrests unsupported by probable cause is clearly established, and because a reasonable officer would have known … Determining whether a right is clearly established for qualified immunity purposes requires assessing the right “in light of the specific context of the case, not as a broad general proposition.” Mullenix v.

    Cited 1 timesPublished
  • Amir Brandy v. City of St. Louis, Missouri

    75 F.4th 908 · Court of Appeals for the Eighth Circuit · Jul 28, 2023

    “To defeat qualified immunity, [Brandy] must prove that: ‘(1) the facts, viewed in the light most favorable to [him], demonstrate the deprivation of a constitutional or statutory right; and (2) the right was clearly established … But just because the law is clearly established does not mean there was a constitutional violation.

    Cited 12 timesPublished
  • Penate v. Hanchett

    944 F.3d 358 · Court of Appeals for the First Circuit · Dec 13, 2019

    This appeal raises issues under the clearly established law prong of the qualified immunity test for supervisory state officials. … Hanchett does not separately argue that any ruling on our part on the clearly established prong of qualified immunity is "inextricably intertwined," and so he has waived such argument. See United States v.

    Cited 39 timesPublished
  • Peter 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 timesPublished
  • Coates v. Powell

    639 F.3d 471 · Court of Appeals for the Eighth Circuit · Apr 8, 2011

    Nevertheless, the court granted Glandon qualified immunity, finding that the law did not clearly establish “at the time of this incident that an officer was required to leave a private home in the middle of a child neglect … “[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 person would have

    Cited 22 timesPublished
  • McGreal v. AT & T Corp.

    892 F. Supp. 2d 996 · District Court, N.D. Illinois · Sep 24, 2012

    Qualified immunity can be grounds for a Rule 12(b)(6) dismissal when the allegations of the complaint, taken as true, fail to allege the violation of a clearly established right. Landstrom v. Ill. … In Tamayo , the Seventh Circuit reversed a dismissal on grounds of qualified immunity because “[tjaking all facts pleaded in [the plaintiffs] complaint as true, the defendants violated a clearly established constitutional

    Cited 19 timesPublished
  • Lareños En Defensa Del Patrimonio Historico, Inc. v. Municipality of Lares

    882 F. Supp. 2d 286 · District Court, D. Puerto Rico · Aug 6, 2012

    immunity because a reasonable person in defendant’s position would have known that his actions violated clearly established law. … Whether the Plaintiffs’ Right was Clearly Established The second prong of the test for qualified immunity requires the Court to determine whether the plaintiffs’ First Amendment rights were clearly established at the time

    Cited 1 timesPublished
  • Sugg 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 timesPublished
  • Patsy Talley v. Dale Folwell

    Court of Appeals for the Fourth Circuit · Apr 4, 2025

    established, and thus defendants are entitled to qualified immunity.” … “Qualified immunity shields government officials from civil damages liability unless the official violated a statutory or constitutional right that was clearly established at the time of the

    Cited 0 timesPublished
  • (PC) Castellano v. Shrum

    District Court, E.D. California · Jul 17, 2023

    Legal Standard – Qualified Immunity 13 Government officials enjoy qualified immunity from civil damages unless their conduct 14 violates clearly established statutory or constitutional rights … Ramirez–Palmer, 25 301 F.3d 1043, 1053 (9th Cir. 2002). 26 “For the second step in the qualified immunity analysis—whether the constitutional right 27 was clearly established at

    Cited 0 timesUnknown
  • Thornhill v. Breazeale

    88 F. Supp. 2d 647 · District Court, S.D. Mississippi · Feb 10, 2000

    Plaintiffs, therefore, have alleged the violation of a clearly established constitutional right and satisfied the first prong of the qualified immunity test. … “The second prong of the qualified immunity test is better understood as two separate inquiries: whether the allegedly violated constitutional rights were clearly established at the time of the incident; and, if so, whether

    Cited 6 timesPublished
  • Marrero-Mendez v. Calixto-Rodriguez

    830 F.3d 38 · Court of Appeals for the First Circuit · Jul 19, 2016

    Clearly Established Law Appellants would still be entitled to qualified immunity if the right they violated was not "clearly established" at the time of their conduct. … establishes' law for the purposes of a qualified immunity analysis").

    Cited 38 timesPublished

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