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  • Dunn v. Castro

    621 F.3d 1196 · Court of Appeals for the Ninth Circuit · Sep 14, 2010

    On review of a denial of a motion to dismiss based on qualified immunity, we review de novo whether governing law was clearly established at the time of the alleged violation. See Mabe v. … [3] A court, when deciding whether there has been a viola- tion of a “clearly established right” for qualified immunity, must strike the proper balance in defining that right. In Ander- son v.

    Cited 150 timesPublished
  • Brown v. Truelove

    District Court, N.D. Indiana · Aug 26, 2020

    “Qualified immunity attaches when an official's conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Kisela v. … In determining whether an official is entitled to qualified immunity, courts examine (1) whether “the official violated a statutory or constitutional right,” and (2) whether “the right was ‘clearly established’ at the

    Cited 0 timesUnknown
  • McMillian v. Johnson

    88 F.3d 1554 · Court of Appeals for the Eleventh Circuit · Jul 9, 1996

    The issue for qualified immunity purposes, however, is not whether the due process right not to be punished before conviction was clearly established. … Clearly Established Law Prohibited Police' Suppression of Exculpatory and Impeachment Evidence Tate, Ikner, and Benson are protected by qualified immunity unless their actions violated clearly established law.

    Modified by McMillian v. Johnson, 101 F.3d 1363 (1996)Cited 125 timesPublished
  • Albright v. Rodriguez

    51 F.3d 1531 · Court of Appeals for the Tenth Circuit · Apr 7, 1995

    Defendant contends he was entitled to summary judgment based on qualified immunity because Plaintiff failed to show he violated clearly established law. … Further, a defendant is entitled to qualified immunity if the plaintiff fails to show that the law was clearly established. See, e.g., Pallottino v.

    Cited 114 timesPublished
  • John H. Chambers v. Colorado Department of Corrections Margaret Heil, in Her Individual and Official Capacity

    205 F.3d 1237 · Court of Appeals for the Tenth Circuit · Mar 7, 2000

    Chambers insisted the sex was consensual, and the police evidently were unable to establish otherwise. … Because the state of the law was not established when these actions were taken, the prison officials named in this lawsuit are entitled to qualified immunity. Thus, Mr. Chambers’ claim for damages cannot be sustained.

    Cited 80 timesPublished
  • Jon Hyde v. City of Willcox

    23 F.4th 863 · Court of Appeals for the Ninth Circuit · Jan 6, 2022

    To determine whether an officer enjoys qualified immunity, the court asks, in the order it chooses, (i) whether the alleged misconduct violated a constitutional right and (ii) whether the right was clearly established at … Pralgo and Callahan-English violated clearly established law.

    Cited 118 timesPublished
  • Pooler v. Hempstead Police Department

    897 F. Supp. 2d 12 · District Court, E.D. New York · Sep 14, 2012

    that preclude summary judgment on qualified immunity grounds. 1. … Tollaksen, 257 Fed.Appx. 400, 401 (2d Cir.2007) (explaining that government officers “are protected by qualified immunity if their actions do not violate clearly established law, or it was objectively reasonable for them

    Cited 12 timesPublished
  • Hereford v. Warren

    536 F.3d 523 · Court of Appeals for the Sixth Circuit · Aug 7, 2008

    The district court granted ha-beas relief after concluding that the state court’s holding represented an unreasonable application of clearly established federal law, as determined by the United States Supreme Court. 28 U.S.C … That conclusion, however, misapprehends controlling law for AEDPA purposes; the language found in Minsky is not a Supreme Court holding that reflects clearly established federal law.

    Cited 53 timesPublished
  • Wilson v. Strong

    156 F.3d 1131 · Court of Appeals for the Eleventh Circuit · Sep 28, 1998

    General Qualified Immunity Principles Qualified immunity shields a § 1983 defendant from liability for harms arising from her discretionary acts, so long as her acts do not violate any clearly established statutory … Second, "[i]n this circuit, the law can be "clearly established' for qualified immunity purposes only by decisions of the U.S.

    Cited 47 timesPublished
  • Flanagan v. Scearce

    District Court, W.D. Virginia · Aug 23, 2021

    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 … clearly established law”); Graves v.

    Cited 0 timesUnknown
  • Montoya v. Vigil

    898 F.3d 1056 · Court of Appeals for the Tenth Circuit · Aug 7, 2018

    in the proceedings against him, he only argues the statements’ use at trial violated his clearly established Fifth Amendment rights. … these issues, we find it unnecessary to address whether the Detectives’ interrogation tactics were actually coercive under clearly established law

    Cited 78 timesPublished
  • WV Regional Jail and Correctional Facility Authority v. The Estate of COdy Lawrence Grove

    West Virginia Supreme Court · Nov 20, 2020

    that he engaged in any act or omission related to the suicide of the Estate’s decedent that established the violation of a clearly established right. … 17 This Court has established numerous steps that must be examined in order to find whether qualified immunity protections apply in a particular case.

    Cited 0 timesPublished
  • Robert Andrews v. Hickman County, Tennessee

    700 F.3d 845 · Court of Appeals for the Sixth Circuit · Dec 3, 2012

    Thus, qualified immunity applies “unless the official’s conduct violated a clearly established constitutional right.” Pearson, 555 U.S. at 232 , 129 S.Ct. 808 (citing Anderson v. … The next step in the qualified immunity analysis requires us to ask whether the right was clearly established at the time of the officer’s conduct.

    Cited 94 timesPublished
  • City of Akron v. Brown

    122 N.E.3d 672 · Ohio Court of Appeals · Nov 7, 2018

    (Emphasis added.) {¶ 8} The plain language of R.C. 2925.11(B)(2)(b) clearly provides qualified individuals with immunity for a minor drug possession offense pursuant to R.C. Chapter 2925. … Brown had qualified for immunity and, consequently, dismissal of a charge for minor drug possession, any allied offenses would not "merge" for that purpose and there would be no grounds to extend immunity or dismiss any charges

    Cited 4 timesPublished
  • Reece v. Groose

    60 F.3d 487 · Court of Appeals for the Eighth Circuit · Jul 20, 1995

    was clearly established. 9 On the other side of the line is Anderson v. … Qualified immunity shields government officials from civil lawsuits when "their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known." Harlow v.

    Cited 32 timesPublished
  • Richardson v. Chevrefils

    131 N.H. 227 · Supreme Court of New Hampshire · Dec 12, 1988

    Fitzgerald, supra at 818 , a defendant is entitled to immunity unless his actions violated “legal norms . . . clearly established at the time of the challenged actions,” Mitchell v. … Nonetheless, inquiries into immunity and into the sufficiency of a complaint obviously overlap considerably, and a complaint that clearly fails to state a claim need hardly be the subject of a subtle enquiry into qualified

    Cited 19 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
  • Allen v. Kevin Taylor

    District Court, N.D. Illinois · Mar 21, 2025

    To overcome qualified immunity, a plaintiff must show “(1) that the official violated a statutory or constitutional right, and (2) that the right was ‘clearly established’ at the time of the challenged conduct.” … For now, the officers cannot avail themselves of qualified immunity because Allen has identified a clearly established right to be free from unlawful custody as part of a prosecution.

    Cited 0 timesUnknown
  • Tyner v. STATE, DEPT. OF SOCIAL & HEALTH

    137 Wash. App. 545 · Court of Appeals of Washington · Mar 13, 2007

    Qualified Immunity ¶ 26 DSHS contends that its officers are entitled to qualified immunity from Tyner's 42 U.S.C. § 1983 First Amendment claim because "[t]here is no law clearly establishing that criticizing one's supervisor … We explained qualified immunity in Wilson: Public officials are immune from suit unless the "law clearly proscribed the actions" they took.

    Cited 31 timesPublished
  • Daniel Mook v. G. Hall

    Court of Appeals for the Fourth Circuit · Aug 4, 2026

    The district court assumed that qualified immunity is a defense to an FMLA interference claim but denied Hall’s motion because it concluded that federal regulations clearly established Mook’s right to an … In other words, the denial of qualified immunity turned on a pure issue of law: whether the FMLA regulations clearly established Mook’s right to a cure period in these circumstances.

    Cited 0 timesPublished

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