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2.76s
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 timesUnknown134 F. Supp. 3d 1041 · District Court, S.D. Mississippi · Sep 25, 2015
Legal Standard The defense of qualified immunity shields governmental officials from civil liability for damages based upon the performance of discretionary functions if the officials’ actions did not violate clearly established … Thornton is Entitled to Qualified Immunity With Respect to Tuskan’s False Arrest Claim Tuskan’s claim for false arrest derives from his clearly established Fourth Amendment right to be free from unreasonable seizures of his
Cited 1 timesPublishedCourt 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 timesPublishedTyner 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 timesPublishedDaniels Sharpsmart, Inc. v. Karen Smith
889 F.3d 608 · Court of Appeals for the Ninth Circuit · May 2, 2018
In determining whether qualified immunity applies, courts “must determine whether: (1) the facts adduced constitute the violation of a constitutional right; and (2) the constitutional right was clearly established at the … It is that rock upon which the district court’s qualified immunity decision founders. The district court was satisfied that, as it said, “[t]he extraterritorialty doctrine has been clearly established for decades.”
Cited 27 timesPublishedNelson v. Town of St. Johnsbury, LaMotte, Oddy, Ruggles, Rust, Timson and Town of St. Johnsbury
198 Vt. 277 · Supreme Court of Vermont · Jan 16, 2015
The Town argues that its selectboard members are entitled to qualified immunity because they did not violate a clearly established right. … We therefore conclude that the law was not clearly established and the selectboard is entitled to qualified immunity. On this point, we ¿ffirm the trial court’s grant of summary judgment.
Cited 26 timesPublishedJames P. Crocker v. Deputy Sheriff Steven Eric Beatty
995 F.3d 1232 · Court of Appeals for the Eleventh Circuit · Apr 20, 2021
The district court held that Beatty was entitled to qualified immunity because the law underlying Crocker’s First Amendment claim wasn’t clearly established. We agree. … In my view, Smith clearly establishes that Mr. Crocker had a right to photograph the accident scene and I would therefore reverse the grant of qualified immunity to Deputy Beatty on this claim.
Cited 173 timesPublishedRichard Manriquez v. Joel Ensley
46 F.4th 1124 · Court of Appeals for the Ninth Circuit · Aug 30, 2022
But there still might not be “clearly established” case law in our circuit to withstand qualified immunity. Cf. Jessop v. … The officers are entitled to qualified immunity because it was not clearly established then that the search violated the Fourth Amendment.
Cited 4 timesPublishedLandstrom v. Illinois Department Of Children And Family Services
892 F.2d 670 · Court of Appeals for the Seventh Circuit · Jan 9, 1990
Id. at 908 . 26 Contrary to plaintiffs' contentions, Darryl H. does not supply the particularized, clearly established right required for individual defendants to lose their qualified immunity. … immunity because the conduct alleged does not violate any clearly established first amendment rights.
Cited 31 timesPublished914 F.2d 486 · Court of Appeals for the Fourth Circuit · Sep 17, 1990
the qualified immunity inquiry. … The prison officials have qualified immunity from both claims.
Cited 121 timesPublishedBarbara Hager v. Arkansas Dept. of Health
735 F.3d 1009 · Court of Appeals for the Eighth Circuit · Nov 14, 2013
Under the doctrine of qualified immunity, a court must dismiss a complaint against a government official in his individual capacity that fails to state a claim for violation of “clearly established statutory or constitutional … See also Iqbal, 556 U.S. at 685; Mitchell, 472 U.S. at 526 (“Unless the plaintiff’s allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before
Cited 288 timesPublishedEstate of Williams v. Indiana State Police Department
797 F.3d 468 · Court of Appeals for the Seventh Circuit · Aug 13, 2015
‘clearly established.’” … “Qualified immunity is no immunity at all if ‘clearly established’ law can simply be defined as a right to be free from unreasonable searches and seizures.” Id. at 1776.
Cited 83 timesPublished61 F. Supp. 2d 289 · District Court, D. New Jersey · Aug 11, 1999
To this effect, government officials, performing discretionary functions, are afforded qualified immunity from suit “insofar as their conduct does not violate clearly established statutory or constitutional rights of which … Having found the conduct of the officers to be objectively reasonable, plaintiff has not alleged a violation of a clearly established constitutional right and the officers are entitled to qualified immunity. Cf.
Cited 11 timesPublishedScallion v. Parish of Red River
251 F. App'x 853 · Court of Appeals for the Fifth Circuit · Aug 15, 2007
Scallion fails to identify a clearly-established constitutional right violated by Myers. See id. … (first step in qualified-immunity analysis is identifying a clearly-established constitutional right that has been violated); Malley v.
Cited 0 timesUnpublished768 F. Supp. 26 · District Court, D. Rhode Island · Jun 21, 1991
The prevailing standard for qualified immunity is that “[government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established … The first step, then, in deciding the qualified immunity issue is to establish the right that was violated.
Cited 1 timesPublishedTerry Cravener v. Mike Shuster
885 F.3d 1135 · Court of Appeals for the Eighth Circuit · Mar 27, 2018
Government officials, like the deputies here, are entitled to qualified immunity “unless the official’s conduct violated a clearly established constitutional or statutory right of which a reasonable official would have known … Determining qualified immunity, this court considers a “two-step inquiry: (1) whether the facts shown by the plaintiff make out a violation of a constitutional or statutory right, and (2) whether that right was clearly established
Cited 22 timesPublished876 F. Supp. 2d 1321 · District Court, S.D. Florida · Jul 13, 2012
“Unless the plaintiffs allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery.” Behrens v. … Plaintiff has not met his burden of showing that Officer Roque and Sergeant Gonzalez are not entitled to qualified immunity because he has not shown that Defendants violated his “clearly established” rights.
Cited 3 timesPublished48 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 timesPublishedHuber v. North Carolina State University
163 N.C. App. 638 · Court of Appeals of North Carolina · Apr 20, 2004
Under the doctrine of qualified immunity, “government officials per *645 forming discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established … We must therefore determine whether Plaintiff’s right to privacy was clearly established at the time.
Cited 6 timesPublishedDavdrin Goffin v. Robbie Ashcraft
977 F.3d 687 · Court of Appeals for the Eighth Circuit · Oct 15, 2020
Officer Ashcraft is entitled to qualified immunity if her conduct did not “violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … Police officers are not entitled to qualified immunity if “(1) they violated a federal statutory or constitutional right, and (2) the unlawfulness of their conduct was clearly established at the time.”
Cited 11 timesPublished
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