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  • McGaughey v. City of Chicago

    690 F. Supp. 707 · District Court, N.D. Illinois · Jul 27, 1988

    clearly established at the time of the incident. … The case law under which defendants are to be tested as to whether they had probable cause to arrest McGaughey for disorderly conduct under the facts of this case was clearly established at the time of the incident.

    Cited 3 timesPublished
  • Cottrell v. Caldwell

    85 F.3d 1480 · Court of Appeals for the Eleventh Circuit · Jun 3, 1996

    An example of such an issue is "whether the legal norms allegedly violated by the defendant were clearly established at the time of the challenged actions or, ... whether the law clearly proscribed the actions the defendant … whether the federal right allegedly infringed was clearly established."

    Cited 423 timesPublished
  • Feasel v. Willis

    904 F. Supp. 582 · District Court, N.D. Texas · Mar 9, 1995

    It is the Plaintiff who must overcome the claim to qualified immunity. The Defendant filed two briefs on the issue of qualified immunity. … Creighton, supra, the terminology “clearly established” has an important application to any claim of qualified immunity. Anderson v. Creighton, supra, cited with favor in Malley v.

    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
  • Papin v. Univ. of Miss. Med. Ctr.

    347 F. Supp. 3d 274 · District Court, S.D. Mississippi · Sep 28, 2018

    Government officials invoke qualified immunity to shield themselves "from civil damages liability insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … right was clearly established at the time of the defendant's alleged misconduct." 12 "For a right to be clearly established under the second step of the qualified immunity analysis, the contours of that right must be sufficiently

    Cited 7 timesPublished
  • Jo Anne Allison v. Dept. of Corrections

    94 F.3d 494 · Court of Appeals for the Eighth Circuit · Aug 30, 1996

    See id. at 2156 (noting that a denial of qualified immunity is immediately appealable so long as it turns on an issue of law; namely, "the purely legal issue [of] what law was `clearly established'"). … The clearly established law of Simon is relevant to determining whether the defendants acted reasonably at the time of Allison's discharge (the issue in this limited qualified immunity appeal), but will control the merits

    Cited 17 timesPublished
  • Nita Gordon v. Keith Bierenga

    20 F.4th 1077 · Court of Appeals for the Sixth Circuit · Dec 14, 2021

    Under the familiar test for qualified immunity, a public official is immune from suit unless the plaintiff establishes: (1) a constitutional violation; and (2) that the right at issue was “clearly established” when the event … Even when a defendant violates a plaintiff’s constitutional rights, the defendant is entitled to qualified immunity unless the right at issue was “clearly established[.]” Id. (citing Pearson, 555 U.S. at 232).

    Cited 25 timesPublished
  • Randall v. City of Fairbanks

    352 F. Supp. 2d 1028 · District Court, D. Alaska · Jan 11, 2005

    Clearly Established Rights Although Randall has shown that there may have been a violation of a constitutional right, Williamson, nonetheless, is entitled to qualified immunity if that right was not clearly established at … Because the law governing deadly force in these circumstances was not clearly established at the time of the shooting, the Court HOLDS that Wilhamson is entitled to qualified immunity.

    Cited 3 timesPublished
  • Michael Wigginton, Jr. v. University of Mississipp

    964 F.3d 329 · Court of Appeals for the Fifth Circuit · Jul 1, 2020

    The district court erred when it denied defendants’ motion for qualified immunity and concluded that Wigginton had a clearly-established property interest. … We regularly grant qualified immunity in substantive due process cases where the plaintiff fails to establish a clearly- established property interest. See, e.g., Wilkerson v. Univ. of N. Tex.

    Cited 23 timesPublished
  • Auriemma v. Rice

    895 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 timesPublished
  • Robert Stinson v. Raymond Rawson

    868 F.3d 516 · Court of Appeals for the Seventh Circuit · Aug 18, 2017

    The district court also stated that qualified immunity did not apply because the law as of 1984 and 1985 clearly established that an investigator’s fabrication of evidence violated a criminal defendant’s constitutional rights … Qualified immunity protects government officials from civil damages liability when their conduct does not violate “clearly established statutory or constitutional rights of which a reasonable person would have known.”

    Cited 33 timesPublished
  • Grigsby & Assocs., Inc. v. City of Shreveport

    294 F. Supp. 3d 529 · District Court, W.D. Louisiana · Feb 14, 2018

    A defendant who can validly raise a qualified immunity defense will enjoy its protection so long as the allegedly violated constitutional right was not clearly established at the time of the violation. See id. … The qualified immunity inquiry 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". Id. at 244, 129 S.Ct. at 822.

    Cited 8 timesPublished
  • Suarez Cestero v. Pagan Rosa

    198 F. Supp. 2d 73 · District Court, D. Puerto Rico · Mar 11, 2002

    from suit under the doctrine of qualified immunity. … The general rule regarding qualified immunity is that government officials are immune from suit when their conduct does not violate clearly established statutory authority or constitutional rights, which a reasonable person

    Cited 13 timesPublished
  • Patricia Jackson v. Andreas Schultz Richard Cadoura

    429 F.3d 586 · Court of Appeals for the Sixth Circuit · Nov 18, 2005

    On September 3, 2004, the district court denied the EMTs’ motion to dismiss based on qualified immunity. The court held that Jackson alleged the violation of a clearly established constitutional right. … To defeat qualified immunity, Jackson must show a violation of a constitutional right, and that the constitutional right was clearly established. Brosseau v.

    Cited 73 timesPublished
  • McCall v. Williams

    59 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 timesPublished
  • Celeste James, Barry James v. City of Douglas, Ga., Clyde Purvis, John Doe--Clifford Thomas

    941 F.2d 1539 · Court of Appeals for the Eleventh Circuit · Sep 18, 1991

    Purvis and Thomas appeal the denial of qualified immunity, asserting that they did not violate a clearly established constitutional right. III. DISCUSSION A. … Qualified Immunity Purvis and Thomas appeal the district court’s denial of summary judgment based upon the doctrine of qualified immunity.

    Cited 25 timesPublished
  • Paul W. Cagle Guy R. Epperson Steven A. McCullom Terry Norwood and Jeffrey L. Parker v. Dan Gilley

    957 F.2d 1347 · Court of Appeals for the Sixth Circuit · May 15, 1992

    Standard of Review Gilley appeals the denial of his motion for summary judgment on the basis of qualified immunity. A district court’s denial of a claim of qualified immunity is immediately appealable. Mitchell v. … Qualified Immunity Government officials performing discretionary functions are generally shielded from civil damages liability as long as their conduct does not violate clearly established statutory or constitutional rights

    Cited 59 timesPublished
  • Van Lee Brewer v. Jason Simental

    Texas Court of Appeals, 7th District (Amarillo) · Oct 15, 2010

    and, therefore, the defendants were entitled to qualified immunity. … Those governmental officials are entitled to qualified immunity “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Id .

    Cited 0 timesPublished
  • Michael Kopec v. Tyrone Tate, Officer Township of Whitemarsh

    361 F.3d 772 · Court of Appeals for the Third Circuit · Mar 17, 2004

    Qualified immunity is intended to shield government officials performing discretionary functions, including police officers, “from liability from civil damages insofar as their conduct does not violate clearly established … A defendant has the burden to establish that he is entitled to qualified immunity. See Beers-Capitol v. Whetzel, 256 F.3d 120 , 142 n. 15 (3d Cir.2001). The Supreme Court held in Saucier v.

    Cited 388 timesPublished
  • Better Government Bureau, Inc. v. McGraw

    904 F. Supp. 540 · District Court, S.D. West Virginia · Oct 16, 1995

    This is so because there is no requirement that the ‘exact right allegedly violated’ be previously ‘specifically recognized by a court’ in order for it [to] be held ‘ “clearly established” for qualified immunity purposes. … established” for qualified immunity purposes, but is also perhaps one of the more well-settled principles of constitutional jurisprudence.

    Cited 11 timesPublished

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