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927 F.3d 575 · Court of Appeals for the First Circuit · Jun 19, 2019
Qualified Immunity Analysis We move directly to the second step of the qualified immunity analysis and ask whether Governor LePage's alleged conduct violated "clearly established" federal … Convinced the defendants' actions, if proven, would violate clearly-established law, the district judge denied them qualified immunity at the motion-to-dismiss stage. Id.
Cited 45 timesPublished996 F. Supp. 2d 603 · District Court, N.D. Ohio · Feb 10, 2014
/A 4 The Sixth Circuit has summarized the doctrine of qualified immunity and related principles: Qualified immunity shields government officials from liability for civil damages if their actions did not violate clearly established … Even if there is such right, they argue, that right has yet to be clearly established, so the doctrine of qualified immunity entitles the on scene officers, even if they impaired any such right, to dismissal. i.
Reversed on other grounds by Mark Crawford v. Donavin Geiger, 656 F. App'x 190 (2016)Cited 8 timesPublishedDistrict Court, E.D. Louisiana · Jul 11, 2025
Aug. 29, 2024) (per curiam) (applying the any-crime rule post-Chiaverini to evaluate an officer’s pre-Chiaverini actions “[b]ecause the qualified immunity analysis focuses on whether the law was clearly established at … Qualified immunity “shields officials from civil liability so long as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Mullenix v.
Cited 0 timesUnknown335 F. Supp. 3d 818 · District Court, W.D. Virginia · Aug 14, 2018
Qualified immunity shields officials from civil liability so long as their conduct "does not violate clearly established statutory or constitutional rights of which a reasonable person would have known." Mullenix v. … Dec. 20, 2006) (holding that calling a police officer an "asshole" and an "Opie-Taylor-looking motherfucker" was protected speech, but finding qualified immunity because the law was not clearly established in 2003).
Cited 2 timesPublishedDollar Loan Center of SD v. Bret Afdahl
933 F.3d 1019 · Court of Appeals for the Eighth Circuit · Aug 14, 2019
“Absent either a clearly established right or a constitutional violation, qualified immunity applies.” Dillard v. … In a qualified immunity analysis, “a right is ‘clearly established’ if the ‘contours of the right [are] sufficiently clear that a reasonable official would understand that what he is doing violates that right.’”
Cited 11 timesPublished696 So. 2d 478 · District Court of Appeal of Florida · Jul 2, 1997
Qualified immunity protects government officials performing discretionary functions from civil trials (and the other burdens of litigation, including discovery) and from liability if their conduct violates no “clearly established … 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 a concrete and factually defined context to make it obvious to all reasonable government
Cited 2 timesPublished90 Mass. App. Ct. 585 · Massachusetts Appeals Court · Oct 28, 2016
[Q]ualified immunity shields government officials performing discretionary functions from civil liability for money damages when their conduct does not violate clearly established statutory authority or constitutional … the defendant's position would understand that his conduct violated those clearly established rights.
Cited 5 timesPublished82 F.3d 1007 · Court of Appeals for the Eleventh Circuit · May 9, 1996
Judicially created qualified immunity enables a public official to avoid suit on an alleged constitutional or federal law violation where the law governing the claimed right was not clearly established at the time of the … The relevant question on a motion for summary judgment based on a defense of qualified immunity is whether a reasonable official could have believed his or her actions were lawful in light of clearly established law and the
Cited 178 timesPublished38 F.4th 1282 · Court of Appeals for the Tenth Circuit · Jul 11, 2022
The district court nonetheless held that Officer Yehia was entitled to qualified immunity because Mr. Irizarry had not shown a violation of clearly established law. … Irizarry has shown a violation of clearly established law. Officer Yehia is not entitled to qualified immunity. III.
Cited 61 timesPublished457 F.3d 583 · Court of Appeals for the Sixth Circuit · Aug 9, 2006
The district court’s denial of qualified immunity in this case was based on the conclusion that “[u]nder the clearly established Kentucky law setting forth Mr. … Siddiqui qualified immunity Dr.
Cited 34 timesPublished519 F.3d 806 · Court of Appeals for the Eighth Circuit · Feb 26, 2008
Consequently, to be viable, White’s claim must allege bad faith to implicate a clearly established right under Brady. … Because Richard is asserting the qualified immunity defense, he has the burden to establish the relevant predicate facts for its application. He has not done so.
Cited 223 timesPublishedBarbara Donald v. Tyler Norris
131 F.4th 1255 · Court of Appeals for the Eleventh Circuit · Mar 13, 2025
We need address only whether Burrell’s right to some other treatment was clearly established because that answer resolves the qualified-immunity question. … Indeed, the formulation from the Hill dicta would eliminate the “clearly established” part of the qualified-immunity analysis as we know it.
Cited 16 timesPublishedKaren Bonitz v. Michael v. Fair, Karen Bonitz v. Michael v. Fair, Appeal of William Shaughnessy
804 F.2d 164 · Court of Appeals for the First Circuit · Nov 3, 1986
When a government official asserts a defense of qualified immunity, his argument is that, even assuming the plaintiff’s allegations are true, he is immune from suit because the law allegedly violated was not clearly established … ” were clearly established.
Overruled on other grounds by Unwin v. Campbell, 863 F.2d 124 (1988)Cited 98 timesPublished303 S.W.3d 884 · Court of Appeals of Texas · Jan 21, 2010
immunity shields an official performing discretionary functions from individual liability for civil damages under § 1983 if the official’s “conduct does not violate clearly established statutory or constitutional rights … violated a clearly established statutory or constitutional right. 18 A right is “clearly established” when its contours are “sufficiently clear that a reasonable official would understand that what he is doing violates that
Cited 2 timesPublished18 F. Supp. 3d 790 · District Court, N.D. Mississippi · May 1, 2014
a qualified immunity defense with equal specificity.” … “[A] court addressing a claim of qualified immunity must determine first whether the plaintiff has adduced facts sufficient to establish a constitutional or statutory violation.” Collier v.
Cited 3 timesPublished199 F. Supp. 3d 1224 · District Court, D. Nebraska · Aug 9, 2016
were clearly established at the time it was taken. … But even assuming that Whitten has alleged a violation of his constitutional right, the contours of that right were not clearly established. *1233 The Court evaluates the defense of qualified immunity from the perspective
Cited 6 timesPublished303 Mich. App. 247 · Michigan Court of Appeals · Nov 19, 2013
Accordingly, we hold that defendant failed to produce sufficient evidence at the evidentiary hearing to qualify for the § 4(d) presumption of immunity and that he is not entitled to immunity under § 4 of the MMMA. C. … Section 4(f), which provides a qualified immunity for physicians, mandates that the immunity only applies to physi *262 cians that prescribe marijuana “in the course of a bona fide physician-patient relationship ....”
Cited 7 timesPublished718 F. Supp. 1460 · District Court, D. Idaho · Aug 4, 1989
This court has found no published decision which clearly defines the scope of qualified judicial immunity. This circuit has defined qualified immunity for jury commissioners and directors of jury services. … Under this qualified immunity, they were immune so long as their conduct did not “violate clearly established statutory or constitutional rights of which a reasonable *1465 person would have known.” Id.
Cited 4 timesPublished600 F.3d 770 · Court of Appeals for the Seventh Circuit · Apr 5, 2010
Clearly Established The Defendants claim that they are entitled to qualified immunity because the law was not clearly established on July 19, 2005, to place them on notice that the use of tear gas and flash bang devices in … established right and therefore the Defendants are not protected by qualified immunity. 2.
Cited 134 timesPublished267 F.3d 895 · Court of Appeals for the Ninth Circuit · Oct 3, 2001
The availability of qualified immunity in such a case naturally turns on whether it was "clearly established law" that Motive Y was impermissible. … Determining whether a public official is entitled to qualified immunity "requires a two-part inquiry: (1) Was the law governing the state official's conduct clearly established?
Cited 241 timesPublished
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