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246 F. Supp. 3d 1128 · District Court, E.D. Virginia · Mar 31, 2017
As the Magistrate Judge noted, state actors are entitled to qualified immunity from such claims “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … immunity, since it was not clearly established that the agency head bore such responsibility for her subordinates.”
Cited 3 timesPublished895 F.2d 338 · Court of Appeals for the Seventh Circuit · Feb 6, 1990
We must now turn to the second step of the qualified immunity inquiry and determine whether the alleged constitutional violation was clearly established at the time of the alleged violation. … immunity inquiry of whether a constitutional right is clearly established.
Cited 11 timesPublishedSanchez Madox v. Tommy Thomas, Sheriff
Texas Court of Appeals, 11th District (Eastland) · Jul 31, 2003
of then clearly established law. … When a defendant in a Section 1983 action pleads qualified immunity, the plaintiff has the burden to rebut this defense by establishing that the official’s wrongful conduct violated clearly established law. Thompson v.
Cited 0 timesPublished308 F. Supp. 3d 1184 · District Court, D. Kansas · Apr 6, 2018
immunity framework discussed above, the Court must examine "first, whether plaintiff has established a constitutional violation under the three-part Worrell standard and, second, whether the law was clearly established such … Thus, our circuit uses a sliding scale to determine when law is clearly established.
Cited 13 timesPublished102 F.3d 1187 · Court of Appeals for the Eleventh Circuit · Jan 6, 1997
has failed to allege a violation of a clearly established right.... … Gilley, 500 U.S. 226, 231, 111 S.Ct. 1789, 1793, 114 L.Ed.2d 277 (1991) (holding threshold question in a qualified immunity claim is whether a violation of a clearly established constitutional right has occurred);
Cited 11 timesPublishedThomas v. Independence Township
463 F.3d 285 · Court of Appeals for the Third Circuit · Sep 14, 2006
6 of which the plaintiff complains violated clearly established law.” … Thus, “[u]nless the plaintiff’s allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery.”
Cited 51 timesPublishedRobert Sean Reed v. Campbell Cnty., Ky.
80 F.4th 734 · Court of Appeals for the Sixth Circuit · Aug 30, 2023
Clearly Established Inquiry To satisfy the second prong of the qualified-immunity analysis, the officers’ unconstitutional conduct must violate clearly established law. Williams, 9 F.4th at 437. … Page 21 First, cases where we have found qualified immunity cannot clearly establish a constitutional violation by negative inference.
Cited 39 timesPublishedJamie Becker v. Zachary Effriechs
821 F.3d 920 · Court of Appeals for the Seventh Circuit · May 12, 2016
to qualified immunity as a matter of law.” … to qualified immunity on this record.
Cited 118 timesPublishedStamps Ex Rel. Estate of Stamps v. Town of Framingham
813 F.3d 27 · Court of Appeals for the First Circuit · Feb 5, 2016
The rules for granting qualified immunity are well established. … any Courts of Appeals . . . decline to consider district court precedent when determining if constitutional rights are clearly established for purposes of qualified immunity
Cited 75 timesPublished269 F. Supp. 3d 816 · District Court, W.D. Michigan · Aug 18, 2017
At a minimum, Sergeant Frost is entitled to qualified immunity because the law was not clearly established at the time of the stop. … Young, 780 F.3d 998, 1010 (10th Cir. 2015) (“reciting the overarching requirement of probable cause does not pass muster in a qualified-immunity clearly-established-law assessment”).
Cited 7 timesPublished32 F. Supp. 3d 499 · District Court, S.D. New York · Jul 24, 2014
Qualified immunity protects government officials performing discretionary functions, such as arrests, “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … Law is “clearly established” for qualified immunity purposes if “various courts have agreed that certain conduct is a constitutional violation under facts not distinguishable in a fair way from the facts presented in the
Cited 23 timesPublished642 F. Supp. 1056 · District Court, D. Maryland · Sep 2, 1986
If the law was clearly established, the immunity defense ordinarily should fail, since a reasonably competent public official should know the law governing his conduct____ By defining the limits of qualified immunity essentially … Forsyth that: “Unless the plaintiff’s allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery.
Cited 11 timesPublishedLarsen v. Senate Of The Commonwealth Of Pennsylvania
154 F.3d 82 · Court of Appeals for the Third Circuit · Aug 11, 1998
immunity is from suit as well as from liability, so that "[u]nless the plaintiff's allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before … on qualified immunity grounds.
Cited 75 timesPublished847 P.2d 36 · Wyoming Supreme Court · Mar 16, 1993
However, certain considerations may defeat a claim of qualified immunity. … In a recent opinion involving qualified immunity, we set out the following: [T]he right the official is alleged to have violated must have been “clearly established” in a more particularized, and hence more relevant, sense
Cited 11 timesPublished929 F.3d 526 · Court of Appeals for the Eighth Circuit · Jul 3, 2019
Officer Hein and Deputy Lesan moved for summary judgment based on qualified immunity. … To defeat a motion for summary judgment based on qualified immunity, a plaintiff must show that the defendant violated his clearly-established rights. Pearson v. Callahan, 555 U.S. 223, 232 (2009).
Cited 81 timesPublished59 F. Supp. 2d 556 · District Court, D. South Carolina · Aug 16, 1999
Plaintiff maintains that his right to be free from the application of handcuffs which were too tight was clearly established on the date of the incident. … Just as the Supreme Court found that the officials in Wilson had violated the plaintiffs Fourth Amendment rights, yet they were entitled to qualified immunity because the specific right had not been clearly established at
Cited 4 timesPublishedDeAngelo Thomas-El v. Nicole Francis
99 F.4th 1115 · Court of Appeals for the Eighth Circuit · Apr 23, 2024
Francis and Lee appeal the district court’s denial of qualified immunity. … Finally, we consider whether the law clearly established an inmate’s right to hygiene supplies during the timeframe alleged in the complaint.
Cited 11 timesPublished218 Ga. App. 800 · Court of Appeals of Georgia · Oct 4, 1995
“Government officials performing discretionary functions are granted a qualified immunity shielding them from imposition of personal liability pursuant to 42 USC § 1983 insofar as their conduct does not violate clearly established … established.
Cited 3 timesPublished37 F.4th 177 · Court of Appeals for the Fifth Circuit · Jun 10, 2022
Nonetheless, the majority concludes three DPSC defendants violated plaintiffs’ clearly established right to timely release from prison and denies them qualified immunity. … Even still, defendants are entitled to qualified immunity, because it is not clearly established that it violates the Constitution to hold a prisoner for 17 days while employing reasonable efforts to verify his sentence
Cited 48 timesPublished155 N.C. App. 462 · Court of Appeals of North Carolina · Dec 31, 2002
The defense of qualified immunity shields government officials from personal liability under § 1983 “ ‘insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … The qualified immunity inquiry requires a determination of whether the right at issue was clearly established at the time it was allegedly violated. See Andrews, supra.
Cited 138 timesPublished
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