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  • Ciolino v. Gikas

    861 F.3d 296 · Court of Appeals for the First Circuit · Jun 28, 2017

    Qualified Immunity Framework Qualified immunity protects public officials from § 1983 suits for damages if their actions "d[id] not violate clearly established statutory or constitutional rights of … Ct. 1765, 1776 (2015) ("Qualified immunity is no immunity at all if 'clearly established' law can simply be defined as the right to be free from unreasonable searches and seizures.").

    Cited 34 timesPublished
  • Elmer Pace and Linda Pace v. City of Des Moines, Iowa, and Brian Danner

    201 F.3d 1050 · Court of Appeals for the Eighth Circuit · Jan 13, 2000

    of clearly established law.” … have violated plaintiffs clearly established right.”

    Cited 145 timesPublished
  • Cocroft v. Smith

    95 F. Supp. 3d 119 · District Court, D. Massachusetts · Mar 26, 2015

    Whether Officer Smith Is Entitled To Qualified Immunity The doctrine of qualified immunity protects public employees “from liability for civil damages insofar as their conduct does not violate clearly established statutory … Officer Smith argues that he is entitled to qualified immunity because the right to be free from a retaliatory arrest was not clearly established at the time.

    Cited 5 timesPublished
  • Cuervo v. Sorenson

    112 F.4th 1307 · Court of Appeals for the Tenth Circuit · Aug 30, 2024

    On appeal, Plaintiff contends the district court erred in dismissing her FAC on qualified immunity grounds. Defendants ask us to affirm the grant of qualified immunity. … We now examine the second prong of the qualified immunity analysis. We conclude Defendants violated Plaintiff’s clearly established Fourth Amendment rights.

    Cited 44 timesPublished
  • Dukore v. District of Columbia

    970 F. Supp. 2d 23 · District Court, District of Columbia · Sep 19, 2013

    “The doctrine of 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 … Arresting the plaintiffs An officer making an arrest is entitled to qualified immunity where clearly established law does not show that the seizure violates the Fourth Amendment.

    Cited 5 timesPublished
  • Batiste v. City of Beaumont

    421 F. Supp. 2d 1000 · District Court, E.D. Texas · Mar 10, 2006

    in reference to clearly-established law. … Consequently, the court must answer the first prong of the qualified immunity analysis (has plaintiff alleged violation of a clearly established federal right?) in the negative. As such, Lt.

    Cited 1 timesPublished
  • Edward Sialoi v. City of San Diego

    823 F.3d 1223 · Court of Appeals for the Ninth Circuit · May 24, 2016

    Whether the constitutional right was clearly established As with the three teenagers, the background circumstances on which the defendants rely to establish qualified immunity (the officers presence in a high-crime … Thus, Sandoval’s discussion of clearly established law applies equally here.

    Cited 32 timesPublished
  • Krainski v. Nevada Ex Rel. Board of Regents

    616 F.3d 963 · Court of Appeals for the Ninth Circuit · Aug 2, 2010

    State officials are entitled to qualified immunity from suits for damages “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … As we have previously noted, the doctrine of qualified immunity protects state actors when the constitutional right at issue was not “clearly established” at the time of the actions at issue.

    Cited 289 timesPublished
  • Jason Carter v. Mark Ludwick

    139 F.4th 982 · Court of Appeals for the Eighth Circuit · Jun 12, 2025

    On count two, evidence concealment in violation of due process, the court granted qualified immunity because it was an “entirely novel claim” that was not clearly established. … Carter’s argument does not survive the clearly established prong of the qualified immunity analysis.

    Cited 10 timesPublished
  • Katz v. United States

    194 F.3d 962 · Court of Appeals for the Ninth Circuit · Oct 22, 1999

    On the issue of qualified immunity, the district court held that the law governing the use of force in an arrest was clearly established. … A defendant will always be entitled to qualified immunity when the law governing his or her conduct was not clearly established — the first prong of the qualified immunity defense.

    Cited 30 timesPublished
  • Ball v. Cook County School District

    889 F. Supp. 492 · District Court, M.D. Georgia · Jun 13, 1995

    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 … Government actors performing discretionary functions are entitled to qualified immunity from civil trials for money damages and may not be held liable in their individual capacity if their conduct violates no clearly established

    Cited 1 timesPublished
  • Banks v. Herbrich

    90 F.4th 407 · Court of Appeals for the Fifth Circuit · Jan 3, 2024

    The district court denied DFPS’s motion for summary judgment, concluding that its employees were not entitled to qualified immunity because they violated clearly established law by removing R.B. … immunity analysis asks whether the right at issue was clearly established at the time of the misconduct.

    Cited 8 timesPublished
  • Robbins v. Wilkie

    433 F.3d 755 · Court of Appeals for the Tenth Circuit · Jan 10, 2006

    That is, even if the right to exclude is clearly established, they are still entitled to qualified immunity because the right to be free from retaliation in the private property context is not clearly established. … Robbins has thus sufficiently alleged a violation of his clearly established Fifth Amendment rights, and Defendants are not entitled to qualified immunity on Robbins’ Bivens claim. 2.

    Reversed on other grounds by Wilkie v. Robbins, 551 U.S. 537 (2007)Cited 14 timesPublished
  • Weatherford v. State

    203 Ariz. 313 · Court of Appeals of Arizona · Sep 10, 2002

    secured by the Constitution and laws.... ” ¶ 23 To prevail on such claims, a plaintiff must overcome a qualified immunity defense by proving: (1) the defendants violated one of the plaintiffs clearly established rights; … Youngberg arguably reaches the constitutional right Weatherford asserts to be clearly established. ¶ 27 Moreover, Weatherford points out that decisions from eight federal courts support the assertion of a clearly established

    Cited 2 timesPublished
  • Woolum v. City of Dallas

    District Court, N.D. Texas · Dec 5, 2019

    And, through his answer, Digby asserted qualified immunity. See id., ¶¶ 2.5, 2.6, & 2.7. … See Wicks, 41 F.3d at 994; Backe, 691 F.3d at 648 (“[T]his court has established a careful procedure under which a district court may defer its qualified immunity ruling if further factual development is necessary

    Cited 0 timesUnknown
  • Wheeler v. City of Lansing

    660 F.3d 931 · Court of Appeals for the Sixth Circuit · Nov 8, 2011

    In order to determine whether an officer is entitled to qualified immunity, we must look at the objective reasonableness of the officer’s conduct in relation to clearly established law. Id. … to qualified immunity.

    Cited 27 timesPublished
  • Zar v. Payne

    760 F. Supp. 2d 779 · District Court, S.D. Ohio · Jan 12, 2011

    Qualified Immunity The Defendants argue that the doctrine of qualified immunity forecloses the Plaintiffs claims for warrantless entry into her home and use of excessive force. … According to the doctrine of qualified immunity, “government officials performing discretionary functions are generally shielded from liability for civil damages insofar as their conduct does not violate clearly established

    Cited 2 timesPublished
  • Siegert v. Gilley

    500 U.S. 226 · Supreme Court of the United States · May 23, 1991

    Once a defendant pleads a defense of qualified immunity, “[o]n summary judgment, the judge appropriately may determine, not only the currently applicable law, but whether that law was clearly established at the time an action … This case demonstrates the desirability of this approach to a claim of immunity, for Siegert failed not only to allege the violation of a constitutional right that was clearly established at the time of Gilley’s actions,

    Reported overruled in part, on other grounds by James v. United States, 550 U.S. 192 (2007) — not on the Supreme Court's listCited 2,571 timesPublished
  • Walsh v. Franco

    849 F.2d 66 · Court of Appeals for the Second Circuit · Jun 6, 1988

    Qualified or “good faith” immunity shields government officials performing discretionary functions from liability “insofar as their conduct does not violate clearly established statutory or constitutional rights of which … In Robison , we outlined three ways in which an official could establish his entitlement to qualified immunity.

    Cited 43 timesPublished
  • Saenz v. Lovington Municipal School District

    105 F. Supp. 3d 1271 · District Court, D. New Mexico · Apr 30, 2015

    established prong of the qualified immunity analysis. … Clearly Established Rights in the Qualified Immunity Analysis.

    Cited 10 timesPublished

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