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  • Jan G. v. Semple

    202 Conn. App. 202 · Connecticut Appellate Court · Jan 12, 2021

    The plaintiff contends that the defendants are not entitled to qualified immunity. We agree with the defendants. The following well established legal principles guide our analysis. … ‘‘Qualified immunity shields federal and state officials from money damages unless a plaintiff pleads facts showing (1) that the official violated a statutory or constitutional right, and (2) that the right was clearly established

    Cited 6 timesPublished
  • Wyo. Guardianship Corp. v. Wyo. State Hosp.

    428 P.3d 424 · Wyoming Supreme Court · Oct 11, 2018

    Mullenax is entitled to qualified immunity. … Mullenax in his individual capacity. [¶ 22] We first address the clearly established prong of the qualified immunity analysis.

    Cited 16 timesPublished
  • Van Deelen v. City of Eudora, Kan.

    53 F. Supp. 2d 1223 · District Court, D. Kansas · Jun 29, 1999

    At the Rule 12(b)(6) stage, qualified immunity protects defendants performing discretionary functions from individual liability unless, on the face of the complaint, the plaintiff alleges the violation of “clearly established … that right was clearly established at the time of the alleged violation.”

    Cited 26 timesPublished
  • Isaiah Taylor v. Justin Schwarzhuber

    132 F.4th 480 · Court of Appeals for the Seventh Circuit · Mar 17, 2025

    Qualified immunity shields federal and state officials from monetary liability unless the law they ostensibly violated was clearly established at the time of the alleged offense. … The court awarded qualified immunity to Schwarzhuber and Rydzewski on Taylor’s initial stop and frisk claims be- cause Taylor did not provide cases showing the officers’ ac- tions violated clearly established law.

    Cited 21 timesPublished
  • Kimberly Boude v. Michael Heady

    855 F.3d 930 · Court of Appeals for the Eighth Circuit · May 5, 2017

    Qualified immunity is a basis to dismiss a claim against a public employee if the alleged conduct “does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … This court need not address the “clearly established” prong of the qualified immunity analysis. See Harris, 550 U.S. at 377.

    Cited 62 timesPublished
  • Engesser v. Fox

    District Court, D. South Dakota · Sep 23, 2019

    Qualified immunity “Public officials are immune from suit under 42 U.S.C. § 1983 unless they have violated a statutory or constitutional right that was clearly established at … Second, the court must “ask whether the right was clearly established.” Id. A negative outcome to either inquiry results in qualified immunity for the official. Pearson v.

    Cited 0 timesUnknown
  • Armstrong v. New Mexico Disability Determination Services

    278 F. Supp. 3d 1193 · District Court, D. New Mexico · Sep 30, 2017

    The Supreme Court has clarified that the clearly established prong of the qualified immunity test is a very high burden for the plaintiff: “A Government official’s conduct violates clearly established law when, at the time … There is, therefore, no evidence that Fernandez-Rice violated clearly established law, so qualified immunity bars Armstrong’s claims against her.

    Cited 6 timesPublished
  • Smith v. Coughlin

    727 F. Supp. 834 · District Court, S.D. New York · Dec 28, 1989

    The remainder of this case must nevertheless be disposed of on qualified immunity grounds. 7 State officials are immune from suits for damages 8 alleging constitutional violations if it was not clearly established at the … The court further held that the defendants were entitled to qualified immunity because the officials had not violated clearly established law, citing three reasons: (1) the defendant prison officials could reasonably have

    Cited 7 timesPublished
  • Byrd v. Cavenaugh

    269 Ga. App. 612 · Court of Appeals of Georgia · Sep 15, 2004

    City of Albany. 9 “(T)he test for determining whether a defendant is protected from suit by the doctrine of qualified immunity is the objective reasonableness of the defendant’s conduct as measured by reference to clearly … In determining whether [Cavenaugh] clearly violated plaintiffs Fourth Amendment rights, and thus, whether or not he is entitled to qualified immunity, however, we must examine his actions in light of the Fourth *615 Amendment

    Cited 5 timesPublished
  • Taylor v. LeBlanc

    60 F.4th 246 · Court of Appeals for the Fifth Circuit · Feb 14, 2023

    Now Secretary LeBlanc appeals the denial of qualified immunity arguing, inter alia, that his conduct wasn’t objectively unreasonable in light of clearly established law. … The right to timely release is clearly established.

    Cited 2 timesPublished
  • Rand v. Lavoie

    2017 DNH 177 · District Court, D. New Hampshire · Sep 5, 2017

    Legal Standard To overcome Lavoie’s qualified immunity defense, Rand must show that Lavoie “violate[d] clearly established statutory or constitutional rights of which a reasonable person would have known.” … Qualified immunity attaches unless Lavoie “violate[d] clearly established statutory or constitutional rights of which a reasonable person would have known.” Mullenix, 136 S. Ct. at 308 (citation omitted).

    Cited 1 timesPublished
  • Corey Airport Services, Inc. v. DeCosta

    587 F.3d 1280 · Court of Appeals for the Eleventh Circuit · Nov 16, 2009

    We conclude that these Defendants did not violate a clearly established constitutional right and are therefore entitled to qualified immunity. I. … Because this is not such a case, the Defendants did not violate a clearly established constitutional right and are therefore entitled to qualified immunity.

    Cited 25 timesPublished
  • Galloway v. Hadl

    548 F. Supp. 2d 1215 · District Court, D. Kansas · Apr 28, 2008

    If plaintiffs allegations sufficiently allege the deprivation of a clearly established constitutional right, qualified immunity will not protect defendants. I. … Because plaintiff has not alleged a clearly established violation of the due process clause of the Fourteenth Amendment, Hadl, Hofer and Riggs are entitled to qualified immunity on that claim. B.

    Cited 3 timesPublished
  • Ringuette v. City of Fall River

    906 F. Supp. 55 · District Court, D. Massachusetts · Nov 9, 1995

    “Qualified immunity shields state officials exercising discretionary authority from civil damages ‘insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … has no qualified immunity from suit, presents a question of law... .

    Cited 5 timesPublished
  • Wright v. Watson

    209 F. Supp. 3d 1344 · District Court, M.D. Georgia · Aug 25, 2016

    In the Eleventh Circuit, “the law can be clearly established for qualified immunity purposes only by decisions of the U.S. … “A right may be clearly established for qualified immunity purposes in one of three ways: ‘(1) case law with indistinguishable facts clearly establishing the constitutional right; (2) a broad statement of principle within

    Cited 2 timesPublished
  • Anselmo v. County of Shasta

    873 F. Supp. 2d 1247 · District Court, E.D. California · Jun 8, 2012

    “[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 should have … If a right is clearly established, a public official is granted qualified immunity only if a reasonable official would not have known that his conduct violated the clearly established right. See id.

    Cited 10 timesPublished
  • Cole v. Buchanan County School Board

    328 F. App'x 204 · Court of Appeals for the Fourth Circuit · May 14, 2009

    established prong” of the qualified immunity analysis). … The “clearly established” prong of the qualified immunity analysis turns on “the objective legal reasonableness of the action, assessed in light of the legal rules that were clearly established at the time it was taken

    Cited 9 timesUnpublished
  • Zahra v. Town Of Southold

    48 F.3d 674 · Court of Appeals for the Second Circuit · Feb 21, 1995

    See Natale, 927 F.2d at 105 ("The threshold issue in determining the applicability of [the] qualified immunity defense is whether [the plaintiffs] had a 'clearly established right' to the permits at issue."); see also Amsden … th[at] 'clearly established' right[ ]."

    Cited 382 timesPublished
  • Sanders v. District of Columbia

    522 F. Supp. 2d 83 · District Court, District of Columbia · Nov 8, 2007

    Qualified immunity “shields State officials from liability for their discretionary functions ‘insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would … step of the qualified immunity analysis.

    Cited 43 timesPublished
  • Thomas Hayden Barnes v. Ronald M. Zaccari

    669 F.3d 1295 · Court of Appeals for the Eleventh Circuit · Feb 7, 2012

    We turn now to the second part of the qualified immunity analysis: Was Barnes’s right to this predeprivation process clearly established at the relevant time? 2. … The process due Barnes was also clearly established.

    Cited 88 timesPublished

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