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  • Raymond Barton v. Sheldon Neeley

    114 F.4th 581 · Court of Appeals for the Sixth Circuit · Aug 27, 2024

    If the public-official defendant did not violate a constitutional right, or if he did but the right was not clearly established at the time of the violation, then the defendant is entitled to qualified immunity. … Therefore, the court denied qualified immunity because it was “clearly established that the First Amendment protect[s] a citizen’s decision both as to what to say and No. 23-2089 Barton v.

    Cited 19 timesPublished
  • Tonya Weinberg Gilmore v. Pam Hodges

    738 F.3d 266 · Court of Appeals for the Eleventh Circuit · Dec 20, 2013

    Qualified immunity protects government officials from liability for civil damages unless they violate a statutory or constitutional right that was clearly established at the time the alleged violation took place. … The Plaintiffs’ reliance on unpublished case law drawn from other circuits and from the district courts is unavailing, because only binding precedent can clearly establish a right for qualified immunity purposes.

    Cited 149 timesPublished
  • Padilla v. Mason

    169 S.W.3d 493 · Texas Court of Appeals, 8th District (El Paso) · Jul 28, 2005

    of qualified immunity and official immunity. … Because there was no clearly established rule which would prohibit Mason from using the force that he did, he is entitled to qualified immunity.

    Cited 18 timesPublished
  • Lang v. City of Nacogdoches

    942 S.W.2d 752 · Texas Court of Appeals, 12th District (Tyler) · Mar 27, 1997

    In suits alleging illegal arrest, the qualified immunity determination turns on whether a reasonable officer could have believed the arrest to be lawful, in light of clearly established law and the information the officer … the legal rules that were “clearly established” at the time it was taken. *767 Anderson v.

    Cited 42 timesPublished
  • Odhuno v. Reed's Cove Health & Rehab., LLC

    355 F. Supp. 3d 1026 · District Court, D. Kansas · Dec 14, 2018

    Thus, Mallen does not support a clearly established constitutional right that defeats Rose and Sunderraj's claims of qualified immunity. … The Court next examines the second prong of qualified immunity-whether the law was clearly established.

    Cited 4 timesPublished
  • Williams v. Belknap

    154 F. Supp. 2d 1069 · District Court, E.D. Michigan · Jul 24, 2001

    If the Court were to decide that the right allegedly violated was not clearly established, the doctrine of qualified immunity would shield the defendant from suit. … The Court’s conclusion that the right was clearly established, conversely, would mean that qualified immunity is no obstacle to a continuation of the suit.

    Cited 97 timesPublished
  • Burns v. Citarella

    443 F. Supp. 2d 464 · District Court, S.D. New York · Jul 18, 2006

    Qualified Immunity: Merits The doctrine of qualified immunity shields “government officials performing discretionary functions ... from liability for civil damages insofar as their conduct does not violate clearly established … Nevertheless, “Even where the plaintiffs federal rights and the scope of the official’s permissible conduct are clearly established, the qualified immunity defense protects a government actor if it was ‘objectively reasonable

    Cited 3 timesPublished
  • Catsouras v. Department of California Highway Patrol

    181 Cal. App. 4th 856 · California Court of Appeal · Jan 29, 2010

    “A rule of qualified immunity shields a public officer from an action for damages under section 1983 unless the officer has violated a ‘clearly established’ constitutional right. [Citation.] As stated in Saucier [v. … The high court explained that ‘[i]f the law did not put the officer on notice that his conduct would be clearly unlawful, summary judgment based on qualified immunity is appropriate.’ [Citation.]

    Cited 46 timesPublished
  • Smith v. Peyman

    93 F. Supp. 3d 738 · District Court, E.D. Kentucky · Mar 18, 2015

    clearly established constitutional law. … The second prong of the qualified-immunity analysis asks whether the right in question was “clearly established” at the time of the violation. Hope v. Pelzer, 536 U.S. 730, 739 , 122 S.Ct. 2508 , 153 L.Ed.2d 666 (2002).

    Cited 7 timesPublished
  • Bishop v. Hackel

    636 F.3d 757 · Court of Appeals for the Sixth Circuit · Feb 1, 2011

    QUALIFIED IMMUNITY Under the doctrine of qualified immunity, government officials performing discretionary functions are shielded from civil liability unless their conduct violates clearly established constitutional … a constitutional right; and (2) the right was clearly established.

    Cited 466 timesPublished
  • Isely v. Capuchin Province

    877 F. Supp. 1055 · District Court, E.D. Michigan · Mar 7, 1995

    General Electric Company, supra, make clear that the initial foundational requirement a proponent of expert scientific testimony must meet as a pre-requisite to admissibility is to establish that the witness is qualified … It was in Frye that the "general acceptance” requirement was first established. 4 .

    Cited 26 timesPublished
  • Willingham v. Loughnan

    261 F.3d 1178 · Court of Appeals for the Eleventh Circuit · Aug 15, 2001

    The Officer Defendants argue, most substantively, that they are entitled to qualified immunity because their acts violated no clearly established law at the pertinent time. … established preexisting law for qualified immunity purposes.

    Vacated on other grounds by Willingham v. Loughnan, 537 U.S. 801 (2002)Cited 83 timesPublished
  • Montanez v. Celaya

    49 F. Supp. 3d 1010 · District Court, M.D. Florida · Sep 8, 2014

    Qualifíed Immunity “Qualified immunity shields government officials from liability for civil damages for torts committed while performing discretionary duties unless their conduct violates a clearly established statutory … However, the Eleventh Circuit found that the police officer in question was entitled to qualified immunity because, at the time of McClish’s arrest, the law was not clearly established.

    Cited 2 timesPublished
  • G-69 v. Degnan

    745 F. Supp. 254 · District Court, D. New Jersey · Aug 21, 1990

    Qualified Immunity With respect to qualified immunity, plaintiff must show that defendants violated some clearly established right. Harlow v. Fitzgerald, 457 U.S. 800 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982). … The complete lack of any analogous case requires this court to find that defendants’ conduct was not so unreasonable in light of clearly established law as to vitiate their qualified immunity.

    Cited 17 timesPublished
  • Rousselo v. Starling

    128 N.C. App. 439 · Court of Appeals of North Carolina · Feb 3, 1998

    We agree and conclude that under the doctrine of qualified immunity Trooper Starling was immune from suit because a reasonable person in his position would not have known that his actions violated a clearly established right … Police officers sued under section 1983 are not protected by qualified immunity if the officers’ conduct violated “ ‘clearly established statutory or constitutional rights of which a reasonable person would have known.’ ”

    Cited 34 timesPublished
  • McGaughey v. City of Chicago

    664 F. Supp. 1131 · District Court, N.D. Illinois · Mar 18, 1987

    Furthermore, he contends that the individual defendants cannot avail themselves of the affirmative defense of qualified immunity because their conduct constituted a violation of clearly established constitutional rights. … They also contend that the law regarding arrests for disorderly conduct was not clearly established at the time they arrested McGaughey so they are entitled to qualified immunity under Harlow v.

    Vacated in part, on other grounds by McGaughey v. City of Chicago, 690 F. Supp. 707 (1988)Cited 9 timesPublished
  • Lopera v. Town of Coventry

    652 F. Supp. 2d 203 · District Court, D. Rhode Island · Sep 9, 2009

    On this claim, the officers have asserted the defense of qualified immunity, which “protects government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or … immunity analysis, are more properly explored under the clearly established prong.

    Cited 8 timesPublished
  • VAN VALEN v. LANIGAN

    District Court, D. New Jersey · Feb 21, 2020

    established law, Lanigan would be entitled to qualified immunity. … Callahan, 555 U.S. 223, 231 (2009) (“[t]he doctrine of qualified immunity protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established

    Cited 0 timesUnknown
  • Montez v. Romer

    32 F. Supp. 2d 1235 · District Court, D. Colorado · Jan 21, 1999

    Further, defendants contend that the individual defendants sued in their individual capacities are entitled to qualified immunity because it was not clearly established at the time of the challenged conduct that either the … Qualified Immunity The doctrine of qualified immunity shields government officials performing discretionary functions from individual liability under section 1983 where their actions do not violate clearly established statutory

    Cited 37 timesPublished
  • Muhammad v. District of Columbia

    881 F. Supp. 2d 115 · District Court, District of Columbia · Aug 8, 2012

    Layne, 526 U.S. 603, 614 (1999) (holding that qualified immunity turns upon the “objective legal reasonableness of the officers' action, assessed in light of the legal rules that were clearly established … “[T]he protection of qualified immunity is available if ‘a reasonable officer could have believed that [his or her actions were] lawful, in light of clearly established law and the information the officers possessed.’ ”

    Cited 12 timesPublished

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